ITO, Ward 27(1), Haldia, Purba Medinipur v. Bhim Charan Das, Purba Medinipur

MA 195/KOL/2017 | 2009-2010
Pronouncement Date: 24-11-2017 | Result: Allowed

Appeal Details

RSA Number 19523524 RSA 2017
Assessee PAN AJDPD4999B
Bench Kolkata
Appeal Number MA 195/KOL/2017
Duration Of Justice 1 month(s) 8 day(s)
Appellant ITO, Ward 27(1), Haldia, Purba Medinipur
Respondent Bhim Charan Das, Purba Medinipur
Appeal Type Miscellaneous Application
Pronouncement Date 24-11-2017
Tags No record found
Order Result Allowed
Bench Allotted SMC
Tribunal Order Date 24-11-2017
Last Hearing Date 24-11-2017
First Hearing Date 24-11-2017
Assessment Year 2009-2010
Appeal Filed On 16-10-2017
Judgment Text
1 M.A. NO. 195/KOL/2017 ( ARISING OUT OF I.T.A. NO. 709/KOL/2017) ASSESSMENT YEAR : 2009-2010 IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA B BENCH KOLKATA BEFORE SHRI P.M. JAGTAP ACCOUNTANT MEMBER AND SHRI N.V. VASUDEVAN JUDICIAL MEMBER M.A. NO. 195/KOL./2017 (IN I.T.A. NO. 709/KOL./2017) ASSESSMENT YEAR: 2009-2010 BHIM CHARAN DAS ................................... ................................APPLICANT C/O. NEW BARGABHIMA TRANSPORT BASUDEVPUR (HAZRA MORE) P.O. KHANJANCHAK PURBA MEDINIPUR-721 602 [PAN: AJDPD 4999 B] -VS.- INCOME TAX OFFICER ................................ ................................RESPONDENT WARD-27(1) HALDIA DUBEY HOUSE BASUDEVPUR KHANJAN CHAK PURBA MEDINIPUR-721 602 APPEARANCES BY: SHRI V.N. PUROHIT FCA FOR THE APPLICANT SHRI SHALLONG YADDEN ADDL. CIT D.R. FOR THE RESP ONDENT DATE OF CONCLUDING THE HEARING : NOVEMBER 24 2017 DATE OF PRONOUNCING THE ORDER : NOVEMBER 24 2017 O R D E R PER SHRI P.M. JAGTAP ACCOUNTANT MEMBER : BY THIS MISCELLANEOUS APPLICATION THE ASSESSEE IS SEEKING RECALL OF THE ORDER OF THE TRIBUNAL DATED AUGUST 9 2017 PASS ED EX- PARTE DISMISSING THE APPEAL OF THE ASSESSEE BEING I.T.A. NO. 709/KOL /2017 FOR NON- PROSECUTION ON THE GROUND THAT THE NOTICE OF THE H EARING FIXED ON AUGUST 09 2017 WAS RECEIVED BY HIM ONLY ON 28.08.2017 WH ICH RESULTED IN NON- APPEARANCE ON AUGUST 09 2017. 2. KEEPING IN VIEW THE ABOVE REASONS GIVEN BY THE A SSESSEE WE ARE SATISFIED THAT THERE WAS A SUFFICIENT CAUSE FOR THE NON-APPEARANCE OF THE ASSESSEE ON 10 TH AUGUST 2017 WHEN HIS APPEAL WAS CALLED FOR HEARIN G. WE THEREFORE RECALL THE EX-PARTE ORDER DATED AUGU ST 09 2017 PASSED BY 2 M.A. NO. 195/KOL/2017 ( ARISING OUT OF I.T.A. NO. 709/KOL/2017) ASSESSMENT YEAR : 2009-2010 THE TRIBUNAL KEEPING IN VIEW THE PROVISO TO RULE 2 4 OF THE APPELLATE TRIBUNAL RULES 1963 AND RESTORE THE APPEAL OF THE ASSESSEE AT ITS ORIGINAL NUMBER. THE REGISTRY IS DIRECTED TO FIX THE SAME FO R HEARING AFRESH ON 24 TH JANUARY 2018 AS ANNOUNCED IN THE OPEN COURT AND TAKEN NOTE OF B Y THE LD. REPRESENTATIVES OF BOTH THE SIDES. 3. IN THE RESULT THE MISCELLANEOUS APPLICATION FIL ED BY THE ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 24 TH DAY OF NOVEMBER 2017. SD/- SD/- (N.V. VASUDEVAN) (P.M. JAGTA P) JUDICIAL MEMBER ACCOUNTANT MEMBER KOLKATA THE 24 TH DAY OF NOVEMBER 2017 COPIES TO : (1) SHRI BHIM CHARAN DAS C/O. NEW BARGABHIMA TRANSPORT BASUDEVPUR (HAZRA MORE) P.O. KHANJANCHAK PURBA MEDINIPUR-721 602 (2) INCOME TAX OFFICER WARD-27(1) HALDIA DUBEY HOUSE BASUDEVPUR KHANJAN CHAK PURBA MEDINIPUR-721 602 (3) COMMISSIONER OF INCOME TAX (APPEALS)-7 KOLKA TA; (4) COMMISSIONER OF INCOME TAX KOLKAT A (5) THE DEPARTMENTAL REPRESENTATIVE (6) GUARD FILE BY ORDER SENIOR PRIVATE SECRETARY HEAD OF OFFICE/DDO INCOME TAX APPELLATE TRIBUNAL KOLKATA BENCHES KOLKATA LAHA/SR. P.S.