M/s. The Baramulla Central Cooperative Bank Ltd, Kashmir V. The Dy.Commissioner of Inocme-tax, Srinagar

MA 96/ASR/2014

• Counselvise Citation: [2014] 124 COUNSELVISE.COM (IT) 2229 (ITAT-AMRITSAR)
• Duration Of Justice: 3 month(s) 17 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 26-09-2014
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Assessment Year: 2007-2008
• Appeal Filed On: 09-06-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AMRITSAR BENCH; AMRITSAR. BEFORE SH. A.D. JAIN, JUDICIAL MEMBER AND SH. B.P. JAIN, ACCOUNTANT MEMBER M.A. NO. 96(ASR)/2014 [IN I.T.A. NO.164 (ASR)/2013] ASSESSMENT YEAR: 2007-08 PAN: AAAAB5145Q M/S. THE BARAMULLA CENTRAL VS. D.C.I.T., CIRCLE-3 COOPERATIVE BANK LTD., NATIONAL SRINAGAR HIGHWAY, BARAMULLA, KASHMIR (APPELLANT) (RESPONDENT) APPELLANT BY: NONE RESPONDENT BY: SH. TARSEM LAL, DR DATE OF HEARING: 26.09.2014 DATE OF PRONOUNCEMENT: 26.09.2014 ORDER PER A.D. JAIN, J.M. 1) THE ASSESSEE HAS FILED THE PRESENT MISCELLANEOUS APPLICATION FOR RECALLING OF THE ORDER DATED 06.01.2014, WHEREBY TH IS BENCH HAD DISMISSED THE APPEAL OF THE ASSESSEE, I.E., ITA NO. 164(ASR)/2013, PERTAINING TO THE ASSESSMENT YEAR 2007-08, FOR NON- PROSECUTION. 2) THE ASSESSEE HAS MADE THE FOLLOWING SUBMISSIONS IN THE PRESENT MISCELLANEOUS APPLICATION, DATED 24.05.2014: MAY IT PLEASE YOUR SIR, 2 1. AN APPEAL AGAINST THE ORDER OF LD. CIT(A), JAMMU, D ATED 22.11.2012 IN RESPECT OF ABOVE APPELLANT ASSESSEE WAS FILED BE FORE YOUR HONBLE BENCH UNDER ITA NO. 64/ASR/2013. 2. THE HONBLE BENCH WAS PLEASED TO DISPOSE OF THE SAI D APPEAL EX-PARTE AGAINST THE APPELLANT ASSESSEE ON 06.01.2014, WITH THE OPTION TO ASSESSEE TO FILE APPLICATION FOR RECALLING OF THIS ORDER UNDER LAW. 3. DUE TO THE FACT THAT THE NOTICE OF APPEAL WAS EITHE R NO RECEIVED OR MISPLACED AT THE COUNSELS OFFICE WHICH RESULTED IN APPELLANTS INABILITY TO ATTEND THE APPEAL. 4. THUS THE APPELLANT ASSESSEE WAS PREVENTED BY SUFFIC IENT CAUSE TO ATTEND THE APPEAL. 5. KEEPING IN VIEW THE ABOVE CIRCUMSTANCES, THE APPELL ANT ASSESSEE BEGS THAT THE ORDER DATED 06.01.2014 MAY BE RECALLED AND RESTORED TO FILE. THANKING YOU, YOURS FAITHFULLY, SD/- SD/- (BASHIR AHMAD LONE) (ABDUL MAJID ZARGAR) MANAGING DIR ECTOR COUNSEL FOR APPELLANT THE BARAMULLA CENTRAL CO-OPERATIVE BANK 3) NONE PRESENT ON BEHALF OF THE ASSESSEE. HOWEVER , THE LEARNED DR DID NOT OPPOSE REQUEST OF THE ASSESSEE. 4) WE HAVE THOROUGHLY GONE THROUGH THE CONTE NTIONS RAISED BY THE ASSESSEE IN THE MISCELLANEOUS APPLICATION. THUS, WE ARE OF THE VIEW THAT THE ASSESSEE HAS EXPLAINED REASONABLE AND SUFFICIEN T CAUSE FOR RECALLING OF THE ORDER DATED 06.01.2014. THEREFORE, IN THE INTER EST OF JUSTICE, THE ORDER DATED 06.01.2014 IS HEREBY RECALLED. THE APPEAL IS ORDERED TO BE RESTORED TO ITS ORIGINAL NUMBER AND THE REGISTRY IS DIRECTED TO FIX THE MAIN APPEAL, 3 I.E., I.T.A. NO. 164(ASR)2013 ON 10.11.2014 FOR HEA RING. NOTICE SHALL BE ISSUED TO THE PARTIES ACCORDINGLY. 5) IN THE RESULT, THE MISCELLANEOUS APPLICATION IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 26 TH SEPTEMBER, 2014 SD/- SD/- (B.P. JAIN) (A.D. JAIN) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 26 TH SEPTEMBER, 2014 /RK/ COPY OF THE ORDER FORWARDED TO: 1. THE ASSESSEE: M/S. THE BARAMULLA CENTRAL COOPERATIV E BANK LTD, NATIONAL HIGHWAY, BARAMULLA, KASHMIR 2. DCIT, CIRCLE-3, SRINAGAR 3. THE CIT(A), 4. THE CIT, 5. THE SR DR, I.T.A.T., TRUE COPY BY ORDER (ASSISTANT REGISTRAR) INCOME TAX APPELLATE TRIBUNAL, AMRITSAR BENCH: AMRITSAR.