M/s. The Mysore Electrical Industries Ltd , Bangalore V. Pr.Commissioner of Income Tax, Bangalore-7, Bangalore

MA 99/BANG/2018

• Counselvise Citation: [2018] 124 COUNSELVISE.COM (IT) 6737 (ITAT-BANGALORE)
• Duration Of Justice: 2 month(s) 4 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 15-06-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Assessment Year: 2007-2008
• Appeal Filed On: 10-04-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: GURUNATHAN

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH, BANGALORE BEFORE S HRI SUNIL KUMAR YADAV, JUDICIAL MEMBER AND SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER MISC.PETN.NO.99/BANG/2018 (IN ITA NO. 1149 / BANG/20 1 7 ) (ASSESSMENT YEAR: 20 07 - 08 ) THE MYSORE ELECTRICAL INDUSTRIES LTD. PB NO.2221, TUMKURU ROAD, BENGALURU. PAN: AABCT1006B VS. PETITIONER PRINCIPAL COMMISSIONER OF INCOME - TAX, BENGALURU - 7, BENGALURU. RESPONDENT PETITIONER BY : SHRI GURUNATHAN, ADVOCATE. RESPONDENT BY : SHRI M.RAJA SEKHAR, ADDL.CIT(DR) DATE OF HEARING : 08 / 0 6 /201 8 DATE OF PRONOUNCEMENT : 15 /0 6 /201 8 O R D E R PER I NTURI RAMA RAO, AM : THIS MISC. PETITION IS FILED BY THE ASSESSEE PRAYING FOR R ECALL OF THE ORDER PASSED BY THIS TRIBUNAL IN ITA NO.1149/BANG/ 2017 FOR THE ASSESSMENT YEAR 2007 - 08. 2. IT IS STATED VIDE PRESENT PETITION THAT APPEARANCE ON THE DATE OF HEARING OF THE APPEAL COULD NOT BE CAUSED ON ACCOUNT OF MISTAKE ON THE PART OF THE COUNSEL WHO IS AUTHORIZED TO REPRESENT THIS MATTER BEFORE THIS TRI BUNAL, AS THE COUNSEL HAD NOTED THE DATE OF NEXT HEARING AS 31/01 /2018, WHEREAS THE CASE WAS ACTUALLY HEARD ON 30/01/2018. IN THE CIRCUMSTANCES, IT IS PRAYED THAT THE ORDER PASSED BY THIS TRIBUNAL DATED 31/01/2018 MAY BE RECALLED. MP NO . 9 9 /BANG/201 8 PAGE 2 OF 2 3. WE HEARD RIVAL SUBMIS SIONS AND PERUSED MATERIAL ON RECORD. WE ARE SATISFIED WITH THE SUBMISSIONS MADE BY THE ASSESSEE FOR RECALL OF THE IMPUGNED ORDER. ACCORDINGLY, WE RECALL THE TRIBUNAL ORDER DATED 31/01/2018 AND DIRECT THE REGISTRY TO POSTS THE APPEAL FOR HEARING ON 10 TH JULY 2018 FOR WHICH NO SEPARATE NOTICE OF HEARING IS TO BE GIVEN. 4. I N THE RESULT, THE MP IS ALLOWED ON THE ABOVE LINES. ORDER PRONOUNCED IN THE OPEN COURT ON 15 TH JUNE , 2018 S D/ - S D/ - ( SUNIL KUMAR YADAV ) (INTURI RAMA RAO) JUDICIAL MEMBER ACCOUNTANT MEMBER PLACE : BENGALURU. D A T E D : 15 / 0 6 /201 8 SRINIVASULU, SPS COPY TO : 1 APPELLANT 2 RESPONDENT 3 CIT(A) 4 CIT 5 DR, ITAT, BANGALORE. 6 GUARD FILE BY ORDER SENIOR PRIVATE SECRETARY INCOME - TAX APPELLATE TRIBUNAL B ANGALORE