Shri Bhaskar Eknath Avhad, Pune v. Dy.CIT Cen.Cir.1(1), Pune, Pune

MA 160/PUN/2010 | misc
Pronouncement Date: 23-03-2011 | Result: Allowed

Appeal Details

RSA Number 16024524 RSA 2010
Assessee PAN AAZPA3419N
Bench Pune
Appeal Number MA 160/PUN/2010
Duration Of Justice 5 month(s) 26 day(s)
Appellant Shri Bhaskar Eknath Avhad, Pune
Respondent Dy.CIT Cen.Cir.1(1), Pune, Pune
Appeal Type Miscellaneous Application
Pronouncement Date 23-03-2011
Appeal Filed By Assessee
Order Result Allowed
Bench Allotted B
Tribunal Order Date 23-03-2011
Assessment Year misc
Appeal Filed On 27-09-2010
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH: PUNE BEFORE SHRI SHAILENDRA KUMAR YADAV JM AND SHRI D. KARUNAKARA RAO. AM M.A. NO. 160/PN/2010 ARISING OUT OF I.T.A. NO. 64 66 TO 68/PN/2009 2002-03 2004-05 TO 2006 BHASKAR EKNATH AVHAD DNYANDEEP 19/1-B/1 KOTHRUD PUNWE-411 029 PAN AAZPA 3419 N APPLICANT VS. DY CIT CENT. CIR. 1(1) PUNE RESPONDENT APPLICANT BY : SHRI V. JAYARAMAN RESPONDENT BY: SHRI ABHAY DAMLE ORDER PER SHAILENDRA KUMAR YADAV THIS MISCELLANEOUS APPLICATION HAS BEEN MOVED BY TH E ASSESSEE IN RESPECT OF APPEAL IN ITA NO. 64 66 TO 68/PN/2009 FOR A.Y. 2002-03 2004-05 TO 2006-07. 2. THE STAND OF THE ASSESSEE IS THAT WHEN THE CAUSE LIST FOR THE WEEK BEGINNING ON MONDAY THE 30 TH AUGUST 2010 WAS MADE AVAILABLE TO THE ASSESSEE IT WAS NOTICED THAT THE CASE OF THE ASSESSEE WAS NOT FOUND IN THE CAUSE LIST ON. FU RTHER THE LEARNED AR FOR THE ASSESSEE HAD TO RUSH TO A DOCTOR DID NOT ATTEND THE ITAT EVEN ON 31-8-2010. IN THIS VIEW OF THE MATTER M.A. 160/PN/2010 BHASKAR E. AVHAD A.Y. 2002-03 2004-05 TO 2006-07 - 2 - THE ASSESSEE PLEADED THAT THE ORDER PASSED BY THE T RIBUNAL IN ITA NO. 64 66 TO 68/PN/2009 DATED 31-8-2010 MAY BE RECALLED AND A FRESH OPPORTUNITY OF HEARING BE GIVE N. 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. 64 66 TO 68/PN/2009 DATED 31-8-2010 A.Y. 2002-03 2004- 05 TO 2006-07 AND DIRECT THE REGISTRY TO FIX THIS C ASE FOR HEARING ON 27-4-2011. 4. IN THE RESULT THE MISC. APPLICATION IS ALLOWED. PRONOUNCED IN THE OPEN COURT ON 23 RD MARCH 2011. SD/- SD/- (D. KARUNAKARA RAO) (SHAILENDRA KUMAR YADAV) ACCOUNTANT MEMBER JUDICIAL MEMBER PUNE DATED THE 23 RD MARCH 2011. ANKAM COPY OF ORDER FORWARDED TO : 1. ASSESSEES 2. DEPARTMENT 3. CIT(A) I PUNE 4. CIT - I PUNE 5. ITAT D.R. A BENCH TRUE COPY BY ORDER ASSTT. REGISTRAR M.A. 160/PN/2010 BHASKAR E. AVHAD A.Y. 2002-03 2004-05 TO 2006-07 - 3 - INCOME TAX APPELLATE TRIBUNAL PUNE.