Sunil M. Kotecha,, Jalgaon v. ACIT, Range-1,, Jalgaon

MA 19/PUN/2011 | 2006-2007
Pronouncement Date: 11-07-2011 | Result: Allowed

Appeal Details

RSA Number 1924524 RSA 2011
Assessee PAN ITANO1021P
Bench Pune
Appeal Number MA 19/PUN/2011
Duration Of Justice 6 month(s) 19 day(s)
Appellant Sunil M. Kotecha,, Jalgaon
Respondent ACIT, Range-1,, Jalgaon
Appeal Type Miscellaneous Application
Pronouncement Date 11-07-2011
Appeal Filed By Assessee
Order Result Allowed
Bench Allotted B
Tribunal Order Date 11-07-2011
Assessment Year 2006-2007
Appeal Filed On 23-12-2010
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH B PUNE BEFORE SHRI SHAILENDRA KUMAR YADAV JUDICIAL MEMBER AND SHRI G.S. PANNU ACCOUNTANT MEMBER M.A NO 19/PN/2011 (IN ITA NO. 1021/PN/09 (ASSTT. YEARS: 2006-07) SHRI SUNIL M KOTECHA .. APPLICANT PROP. SIDDARTH CONSTRUCTION 41 NAVIPETH JALGAON VS. ASSTT. COMMISSIONER OF INCOME-TAX .. RESPONDENT RANGE-1 JALGAON APPLICANT BY: SHRI HARISH CHOPRA RESPONDENT BY: SMT NEERA MELHOTRA ORDER PER G.S. PANNU AM BY THIS MISCELLANEOUS APPLICATION THE APPLICANT-ASSESSEE HAS REQUESTED THAT THE EX PARTE ORDER DATED 29.11.2010 PASSED BY TH E TRIBUNAL IN ITA NO 1021PN/09 MAY BE RECALLED AS THE ASSESSEE COULD NOT ATTEN D BEFORE THE TRIBUNAL ON THE DATE OF HEARING FOR VALID AND SUFFICI ENT REASONS. THE LEARNED COUNSEL FOR THE APPLICANT-ASSESSEE SUBMITTED THAT HE HAD SENT A TELEGRAM DULY MAILED THROUGH BSNL VIDE RECEIPT NO 237 DATED 25.11. 2010 REQUESTING FOR ADJOURNMENT. 2. WE HAVE HEARD THE RIVAL PARTIES AND HAVE GONE THR OUGH THE MISCELLANEOUS APPLICATION OF THE ASSESSEE CAREFULLY. AFTER CONSIDERING T HE SUBMISSIONS OF BOTH THE PARTIES CAREFULLY WE ARE OF THE CONSIDERED OPINI ON THAT THE ASSESSEE WAS PREVENTED BY SUFFICIENT CAUSE FROM ATTENDING THE HEARI NG OF THE APPEAL ON 29.11.2010. ACCORDINGLY WE RECALL OUR ORDER DATED 29 .11.2010 AND RESTORE THE 2 APPEAL. THE DATE OF HEARING OF THE APPEAL IS FIXED ON 16.08.2011 AND THE REGISTRY IS DIRECTED TO ISSUE NOTICE TO THE PARTIES. 3. IN THE RESULT THE MISCELLANEOUS APPLICATION IS ALLOW ED. DECISION PRONOUNCED IN THE OPEN COURT ON 11 TH DAY OF JULY 2011 SD/- SD/- (SHAILENDRA KUMAR YADAV) JUDICIAL MEMBER (G.S. PANNU) ACCOUNTANT MEMBER PUNE: DATED: 11 TH JULY 2011 B COPY OF THE ORDER IS FORWARDED TO : 1. ASSESSEE 2. DEPARTMENT 3. THE CIT(A)-II NASHIK 4. THE CIT-II NASHIK 5. THE D.R B BENCH PUNE TRUE COPY BY ORDER ASSISTANT REGISTRAR ITAT PUNE BENCHES PUNE