Shri Jashvant N.Shah, Surat v. The Income tax Officer,Ward-5(2),, Surat

MA 135/AHD/2009 | 1998-1999
Pronouncement Date: 08-01-2010 | Result: Allowed

Appeal Details

RSA Number 13520524 RSA 2009
Bench Ahmedabad
Appeal Number MA 135/AHD/2009
Duration Of Justice 8 month(s) 18 day(s)
Appellant Shri Jashvant N.Shah, Surat
Respondent The Income tax Officer,Ward-5(2),, Surat
Appeal Type Miscellaneous Application
Pronouncement Date 08-01-2010
Appeal Filed By Assessee
Order Result Allowed
Bench Allotted D
Tribunal Order Date 08-01-2010
Assessment Year 1998-1999
Appeal Filed On 20-04-2009
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCH A BEFORE DR. O. K. NARAYANAN VICE PRESIDENT AND SHRI BHAVNESH SAINI JUDICIAL MEMBER DATE OF HEARING : 08/01/2010 DRAFTED ON: 08/0 1/2010 MA NO.135/AHD/2009 ( ARISING OUT OF ITA NO.1785/AHD/2004 ) ASSESSMENT YEAR : 1998-99 SHRI JASHVANT N.SHAH E-44-15 KANAKNIDHI COMPLEX TIMALIAWAD NANPURA SURAT VS. THE ITO OSD WARD-5(2) SURAT PAN/GIR NO. : - (APPLLICANT) .. (RESPONDENT) APPLICANT BY : SHRI RAJESH M.UPADHYAY A.R. RESPONDENT BY: SHRI P.ORAM SR. D.R. O R D E R PER BHAVNESH SAINI JUDICIAL MEMBER: WE HAVE HEARD THE LEARNED REPRESENTATIVES OF BOTH THE PARTIES. 2. EARLIER THE TRIBUNAL HAS DISMISSED THE APPE AL OF THE ASSESSEE IN DEFAULT OF THE ASSESSEE IN PUTTING APPEARANCE VIDE ORDER DATED 24/03/2008. SINCE THE APPEAL IS NOT DECIDED ON MERITS AND CONS IDERING EXPLANATION OF THE ASSESSEE FOR DEFAULT ON THE DATE OF HEARING W E RE-CALL THE EARLIER ORDER OF THE TRIBUNAL AND RESTORE THE APPEAL OF THE ASSES SEE TO ITS ORIGINAL NUMBER. 3. THE REGISTRY IS DIRECTED TO FIX THE APPEAL FOR F INAL HEARING ON 27 TH JANUARY-2010 . MA NO.135/AHD/2009 (ARISING OUT OF ITA NO.1785/AHD/2004) SHRI JASHVANT N.SHAH VS. ITO ASST.YEAR 1998-99 - 2 - 4. WITH THESE OBSERVATIONS MISCELLANEOUS APPLICAT ION OF THE ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN THE COURT ON 08 TH JAUNARY-2010 SD/- SD/- ( DR. O.K. NARAYANAN ) ( BHAVNE SH SAINI ) VICE PRESIDENT JU DICIAL MEMBER AHMEDABAD; DATED 08/01/2010 T.C. NAIR COPY OF THE ORDER FORWARDED TO : 1. THE APPLICANT-ASSESSEE 2. THE RESPONDENT. 3. THE CIT CONCERNED 4. THE LD. CIT(APPEALS)-SURAT 5. THE DR AHMEDABAD BENCH 6. THE GUARD FILE. BY ORDER //TRUE COPY// (DY./ASSTT.REGISTRAR) ITAT AHMEDABAD