Advik Hi Tech Pvt.Ltd., Pune V. ACIT, Cir.,8, Pune

MA 99/PUN/2011

• Counselvise Citation: [2011] 123 COUNSELVISE.COM (IT) 7081 (ITAT-PUNE)
• Duration Of Justice: 2 month(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 23-08-2011
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2006-2007
• Appeal Filed On: 23-06-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ANN KAPTHUAMA
• Assessee Lawyers: SHARAD A SHAH

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH: PUNE BEFORE SHRI SHAILENDRA KUMAR YADAV, JM AND SHRI G.S. PANNU, AM M.A. NO. 99/PN/2011 ARISING OUT OF I.T.A. NO. 24/PN/2010 A.Y. 2006-07 ADVIK HI TECH PVT. LTD., GAT NO. 357/99 CHAKAN TALEGAON ROAD VILLAGE KHARABWADI TAL. KHED, CHAKAN, PUNE-410 501 PAN AACCA 3106 E APPLICANT VS. ASSTT. CIT CIR. 8, PUNE RESPONDENT APPLICANT BY : SHRI SHARAD A. SHAH RESPONDENT BY: SMT. ANN KAPTHUAMA ORDER PER SHAILENDRA KUMAR YADAV THIS MISCELLANEOUS APPLICATION HAS BEEN MOVED BY TH E ASSESSEE IN RESPECT OF APPEALS IN ITA NO. 24/PN/201 0 FOR A.Y. 2006-07. 2. THE STAND OF THE ASSESSEE IS THAT THE NOTICE OF HEARING FIXING THE CASE FOR 24-5-2011 WAS RECEIVED BY THE A SSESSEE ONLY ON 8-6-2011. IN VIEW OF THIS, THE ASSESSEE COU LD NOT BE REPRESENTED BEFORE THE TRIBUNAL ON THE DATE FIXED F OR HEARING. IN THIS VIEW OF THE MATTER, THE ASSESSEE PLEADED TH AT THE ORDER PASSED BY THE TRIBUNAL IN ITA NO. 24/PN/2010 DATED 24-5- 2011 MAY BE RECALLED AND A FRESH OPPORTUNITY OF HEA RING BE GIVEN. M.A. 99/PN/2011 ADVIK HI TECH PVT. LTD. A.Y. 2006-07 - 2 - 3. AFTER HEARING THE PARTIES AND PERUSING THE SUBMI SSIONS MADE IN THE MISC. APPLICATION, WE FIND THAT THE ASS ESSEE WAS PREVENTED BY SUFFICIENT CAUSE FROM APPEARING BEFORE THE TRIBUNAL ON THE RELEVANT DATE OF HEARING. IN THIS VIEW OF THE MATTER, WE HEREBY RECALL THE ORDER OF THE TRIBUNAL IN ITA NO. 24/PN/2010 DATED 25-5-2011 FOR A.Y. 2006-07 AND DIR ECT THE REGISTRY TO FIX THIS CASE FOR HEARING ON 2 ND NOVEMBER 2011. 4. IN THE RESULT, THE MISC. APPLICATION IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT IMMEDIATELY AFT ER CONCLUSION OF THE HEARING ON 19-8-2011. SD/- SD/- (G.S. PANNU) (SHAILENDRA KUMAR YADAV) ACCOUNTANT MEMBER JUDICIAL MEMBER PUNE DATED THE 23 RD AUGUST 2011 ANKAM COPY OF ORDER FORWARDED TO : 1. ASSESSEES 2. DEPARTMENT 3. CIT(A) V PUNE 4. CIT - V PUNE 5. ITAT, D.R. PUNE BENCH TRUE COPY BY ORDER ASSTT. REGISTRAR INCOME TAX APPELLATE TRIBUNAL PUNE.