Shri Suresh Kanjibhai Pethani,, Surat v. The Income Tax Officer, Ward-9(4),, Surat

MA 119/AHD/2014 | 2005-2006
Pronouncement Date: 13-10-2016 | Result: Allowed

Appeal Details

RSA Number 11920524 RSA 2014
Bench Ahmedabad
Appeal Number MA 119/AHD/2014
Duration Of Justice 2 year(s) 2 month(s) 14 day(s)
Appellant Shri Suresh Kanjibhai Pethani,, Surat
Respondent The Income Tax Officer, Ward-9(4),, Surat
Appeal Type Miscellaneous Application
Pronouncement Date 13-10-2016
Appeal Filed By Assessee
Order Result Allowed
Bench Allotted B
Tribunal Order Date 13-10-2016
Assessment Year 2005-2006
Appeal Filed On 30-07-2014
Judgment Text
D IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH AHMEDABAD BEFORE SHRI PRAMOD KUMAR ACCOUNTANT MEMBER AND SHRI RAJPAL YADAV JUDICIAL MEMBER MISC. APPLICATION NO.119/AHD/2014 IN ./ ITA NO.803/AHD/2013 / ASSTT.YEAR: 2005-2006 SURESHBHAI KANJIBHAI PETHANI 145 SMAT NAGAR L.H. ROAD SURAT 390 008. VS ITO WARD-9(4) SURAT. ( APPLICANT ) (RESPONDENT) ASSESSEE BY : NONE REVENUE BY : SHRI PRASOON KABRA SR.DR / DATE OF HEARING : 15/07/2016 / DATE OF PRONOUNCEMENT: 10/10/2016 *+/ O R D E R PER PRAMOD KUMAR ACCOUNTANT MEMBER: BY PRESENT MISC. APPLICATION ASSESSEE SEEKS RECALL OF THE TRIBUNALS EX PARTE ORDER DATED 6.9.2013 IN ITA NO. 803/AHD/2013. THE ASSESSEE HAS ALSO FILED AN AFFIDAVIT IN SUPPORT OF ITS MISC. APPLICATION. 2. IN THE MISC. APPLICATION IT IS PLEADED BY THE A SSESSEE THAT THE ASSESSEE WAS SUFFERING FROM ILLNESS AND WAS NOT ABL E TO ATTEND ANY LEGAL MATTER THEREFORE IN THE INTEREST OF JUSTICE EX PARTE ORDER OF THE TRIBUNAL DATED 6.9.2013 BE RESTORED AND THE ASSESSE E MAY BE GIVEN AN OPPORTUNITY TO PURSUE ITS CASE BEFORE THE TRIBUNAL. ASSESSEE HAS ALSO ATTACHED A MEDICAL CERTIFICATE ABOUT HIS ILL-HEALTH . ON THE OTHER HAND THE LD.DR OPPOSED RECALL OF THE IMPUGNED ORDER. MA NO.119/AHD/2014 2 3. IN VIEW OF THE ABOVE SITUATION TO MEET ENDS OF SUBSTANTIAL JUSTICE WE ARE INCLINED TO GIVE ONE MORE OPPORTUNITY TO THE ASSESSEE AND ACCORDINGLY WE RECALL EX-PARTE ORDER OF THE TRIBUNAL DATED 6.9.2013 PASSED IN ITA NO.803/AHD/2013. REGISTRY IS DIRECTED TO FIX THE MATTER ON 6 TH DECEMBER 2016 FOR FRESH HEARING. BOTH PARTIES BE INFORMED ACCORDINGLY. 4. IN THE RESULT THE MA OF THE ASSESSEE IS ALLOWED . ORDER PRONOUNCED IN THE COURT ON 10 TH OCTOBER 2016 AT AHMEDABAD. SD/- SD/- (RAJPAL YADAV) JUDICIAL MEMBER (PRAMOD KUMAR) ACCOUNTANT MEMBER