Shri Suresh Kumar Sharma, Surat v. The Income tax Officer,Ward-6(4),, Surat

ITA 965/AHD/2011 | 2006-2007
Pronouncement Date: 30-09-2016 | Result: Allowed

Appeal Details

RSA Number 96520514 RSA 2011
Assessee PAN AKVPS9919E
Bench Ahmedabad
Appeal Number ITA 965/AHD/2011
Duration Of Justice 5 year(s) 5 month(s) 29 day(s)
Appellant Shri Suresh Kumar Sharma, Surat
Respondent The Income tax Officer,Ward-6(4),, Surat
Appeal Type Income Tax Appeal
Pronouncement Date 30-09-2016
Appeal Filed By Assessee
Order Result Allowed
Bench Allotted SMC
Tribunal Order Date 30-09-2016
Date Of Final Hearing 19-07-2016
Next Hearing Date 19-07-2016
Assessment Year 2006-2007
Appeal Filed On 01-04-2011
Judgment Text
I.T.A. NO . 965 /AHD/201 1 A SSESSMENT Y EAR: 200 6 - 07 PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCH SMC AHMEDABAD [CORAM: PRAMOD KUMAR AM] I.T.A. NO. 965 /AHD/ 20 1 1 ASSESSMENT Y EAR : 200 6 - 07 SURESH KUMAR SHARMA ................... . APPELLANT PROP. O F SHREE SHYAM TRAILOR SE RVICE 403 JALARAM COMPLEX NE A R RELIANCE COLONY ICHCHHAPORE SURAT 395 007. [ PAN: A KVPS 9919 E ] VS. INCOME TAX OFFICER WARD - 6(4) SURAT . . ...... . ... . RESPONDENT APPEARANCES BY: S.B. VADIYA FOR THE APPELLANT O.P. MEENA FOR THE R ESPONDENT D ATE OF CONCLUDING THE HEARING : 19 .0 7 .2016 DATE OF PRONOUNCING THE ORDER : 30 . 0 9 .2016 O R D E R 1. BY WAY OF THIS APPEAL THE ASSESSEE APPELLANT HAS CHALLENGED CORRECTNESS OF THE ORDER DATED 25.11.2010 PASSED BY THE LEARNE D CIT(A) IN THE MATTER OF ASSESSMENT UNDER SECTION 143(3) OF THE INCOME TAX ACT 1961 FOR THE ASSESSMENT YEAR 2006 - 07. 2. WHEN THIS APPEAL WAS CALLED OUT FOR HEARING I T WAS NOTICED THAT THE IMPUGNED ORDER PASSED BY THE LEARNED CIT(A) IS EX - PARTE. LEARN ED COUNSEL FOR THE ASSESSEE SUBMITTED THAT IT WAS AN INADVERTENT MISTAKE ON THE PART OF THE ASSESSEE AND PRAYED THAT IN THE EVENT OF ASSESSEE BEING GIVEN AN OPPORTUNITY THE ASSESSEE WILL DULY APPEAR I.T.A. NO . 965 /AHD/201 1 A SSESSMENT Y EAR: 200 6 - 07 PAGE 2 OF 2 BEFORE THE LEARNED CIT ( A ) AND FULLY CO - OPERATE IN EXPEDI TIOUS DISPOSAL OF A PPEAL ON MERITS. 3. LEARNED DEPARTMENTAL REPRESENTATIVE FAIRLY SUBMITTED THAT HE HAS NO OBJECTION TO THE MATTER BEING RESTORED TO THE FILE OF THE LEARNED CIT( A ) FOR ADJUDICATION ON MERITS. 4 . IN VIEW OF THE ABOVE DISCUSSIONS A S ALSO B EARING IN MIND ENTIRETY OF THE CASE I DEEM IT FIT AND PROPER TO REMIT THE MAT T ER TO THE FILE OF THE LE ARNED C IT(A) FOR FRESH ADJUDICATION ON MERITS AFTER GIVING YET ANOTHER OPPORTUNITY OF HEARING. ORDERED ACCORDINGLY. 5 . IN T HE RESULT THE APPEAL IS ALLOWED FOR STATISTICAL PURPOSES IN THE TERMS INDICATED ABOVE. PRONOUNCED IN THE OPEN COURT ON THIS 30 TH DAY OF SEPTEMBER 2016. SD/ - PRAMOD KUMAR (ACCOUNTANT MEMBER) DATED: THE 30 TH DAY OF SEPTEMBER 2016. PBN/* COPIES TO: (1) THE APPELLANT (2) THE RESPONDENT (3) CIT (4) CIT(A) (5) DR (6) GUARD FILE BY ORDER ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCHES AHMEDABAD