Shakil Zakaria Memon,, Baroda v. The Asstt. Commissioner of Income Tax, Circle-1(2),, Baroda

MA 133/AHD/2016 | 2010-2011
Pronouncement Date: 21-10-2016 | Result: Allowed

Appeal Details

RSA Number 13320524 RSA 2016
Assessee PAN ADWPM5196N
Bench Ahmedabad
Appeal Number MA 133/AHD/2016
Duration Of Justice 2 month(s) 24 day(s)
Appellant Shakil Zakaria Memon,, Baroda
Respondent The Asstt. Commissioner of Income Tax, Circle-1(2),, Baroda
Appeal Type Miscellaneous Application
Pronouncement Date 21-10-2016
Appeal Filed By Assessee
Order Result Allowed
Bench Allotted A
Tribunal Order Date 21-10-2016
Assessment Year 2010-2011
Appeal Filed On 28-07-2016
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH AHMEDABAD BEFORE SHRI R.P. TOLANI JUDICIAL MEMBER AND SHRI MANISH BORAD ACCOUNTANT MEMBER MA NOS. 129 TO 134/AHD/2016 (ARISING OUT OF IT(SS)A NOS. 296 TO 300/AHD/2015 & ITA NO. 3640/AHD/2015) / ASSESSMENT YEAR : 2005-06 TO 2008-09 2010-11 & 201 1-12 SHAKIL ZAKARIA MENON 201 2 ND FLOOR SHERAN CHAMBER NEAR DUDAMAN GENDA FALIYA HATHIKHANA BARODA-390006 PAN : ADWPM 5196 N VS ASSISTANT COMMISSIONER OF INCOME-TAX CIRCLE 1 (2) BARODA / (APPELLANT) / (RESPONDENT) ASSESSEE BY : SHRI SURENDRA MODIANI AR REVENUE BY : SHRI ROOPCHAND SR DR / DATE OF HEARING : 21/10/2016 / DATE OF PRONOUNCEMENT: 21/10/2016 / O R D E R PER R.P. TOLANI JUDICIAL MEMBER:- THESE ARE MISCELLANEOUS APPLICATIONS FILED BY THE A SSESSEE AGAINST THE CONSOLIDATED ORDER OF THE TRIBUNAL DATED 30.05.2016 PASSED IN IT(SS)A NOS. 296 TO 300/AHD/2015 & ITA NO. 3640/AHD/2015 FOR THE ASSESSMENT YEARS 2005-06 TO 2008-09 2010-11 & 2011-12. 2. BY THESE MISCELLANEOUS APPLICATIONS THE ASSESSE E HAS SOUGHT FOR RECALLING OF THE AFORESAID ORDER OF THE ITAT PASSED ON 30.05.2016. 3. AT THE TIME OF HEARING BEFORE US IT IS SUBMITTE D BY THE LD. COUNSEL FOR THE ASSESSEE THAT THE ADJOURNMENTS IN THESE CASES W ERE NOT SOUGHT BY THE ASSESSEE BUT IT WAS BY THE DESIRE OF THE BENCH SO A S TO HEAR THESE APPEALS ALONGWITH THE APPEALS AGAINST RELATIVE ASSESSMENT O RDERS. IN THIS REGARD IT IS SUBMITTED THAT AS DESIRED BY THE BENCH THE ASSESS EE FILED APPLICATION FOR MA NOS. 129 TO 134/AHD/2016 SHAKIL ZAKARIA MENON VS. ACIT AY : 2005-06 TO 08-09 2011-11 & 2011-12 2 CONSOLIDATION OF APPEALS ON 16.03.2016 14.04.2016 AND 11.05.2016. IT IS FURTHER SUBMITTED THAT THE LD. COUNSEL FOR THE ASSE SSEE MET WITH AN ACCIDENT ON 23.05.2016 AND GOT FRACTURE IN HAND. THE ASSESS EE ALSO GOT PARALYSIS ATTACK AND WAS UNDERGONE MEDICAL TREATMENT WHICH R ESULTED IN NON- APPEARANCE ON THE DATE FIXED FOR HEARING. 4. THE LD. DEPARTMENTAL REPRESENTATIVE ON THE OTHE R HAND RELIED UPON THE ORDER OF THE ITAT. 5. AFTER CONSIDERING THE FACTS OF THE CASE AND THE SUBMISSIONS OF BOTH THE SIDES IN OUR CONSIDERED OPINION THE ASSESSEE HAS BEEN PREVENTED BY JUSTIFIABLE REASON FOR NOT APPEARING BEFORE THE TRI BUNAL ON THE DATE FIXED FOR HEARING. THEREFORE WE RECALL THE ORDER DATED 30.05 .2016 PASSED BY THE TRIBUNAL IN IT(SS)A NOS. 296 TO 300/AHD/2015 & ITA NO. 3640/AHD/2015 AND DIRECT THE REGISTRY TO FIX THE APPEALS FOR HEAR ING ON 6 TH DECEMBER 2016. THIS DATE HAS BEEN COMMUNICATED TO BOTH THE PARTIES IN THE OPEN COURT; THEREFORE NO FRESH NOTICE WILL BE ISSUED TO THE AS SESSEE. 6. IN THE RESULT THE MISCELLANEOUS APPLICATIONS AR E ALLOWED AS ABOVE. SD/- SD/- (MANISH BORAD) ACCOUNTANT MEMBER (R.P. TOLANI) JUDICIAL MEMBER AHMEDABAD; DATED 21/10/2016 *BIJU T. / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. / CONCERNED CIT 4. ( ) / THE CIT(A) 5. / DR ITAT AHMEDABAD 6. / GUARD FILE . / BY ORDER TRUE COPY / ( DY./ASSTT.REGISTRAR) / ITAT AHMEDABAD