C.S. Ashok, Bangalore v. ITO, Bangalore

MA 38/BANG/2011 | 2004-2005
Pronouncement Date: 29-07-2011

Appeal Details

RSA Number 3821124 RSA 2011
Bench Bangalore
Appeal Number MA 38/BANG/2011
Duration Of Justice 1 month(s) 27 day(s)
Appellant C.S. Ashok, Bangalore
Respondent ITO, Bangalore
Appeal Type Miscellaneous Application
Pronouncement Date 29-07-2011
Appeal Filed By Assessee
Bench Allotted A
Tribunal Order Date 29-07-2011
Date Of Final Hearing 01-07-2011
Next Hearing Date 01-07-2011
Assessment Year 2004-2005
Appeal Filed On 02-06-2011
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL BANGALORE A BENCH BANGALORE BEFORE SMT P. MADHAVI DEVI JM AND SRI A. MOHAN ALANKAMONY AM M.A.NO.38(B)/2011 (IN ITA NO.971(B.)/2010) (ASSESSMENT YEAR : 2004-05) SHRI C.S. ASHOK PROP: TRUPTI SERVICE STATION 123/49 3 RD PHASE J.P.NAGAR BANGALORE-560 078. PETITIONER VS THE COMMISSIONER OF INCOME-TAX(A)-II BANGALORE. RESPONDENT PETITIONER BY : SHRI H.S.SHIVARAM CA RESPONDENT BY : SMT. JACINTA ZIMIK VASHAI ADDL.CIT O R D E R PER SMT P. MADHAVI DEVI JM THIS MISCELLANEOUS APPLICATION HAS BEEN FILED BY T HE ASSESSEE U/S 254(2) SEEKING RECALL OF THE TRIBUNALS ORDER D ATED 09-05-2011 WHEREIN THE ASSESSEES APPEAL WAS DISMISSED IN LIMI NE. 2. THE LEARNED COUNSEL FOR THE ASSESSEE APPEARED AN D SUBMITTED THAT DUE TO A ROAD ACCIDENT THE ASSESSEE COULD NOT ATTEND THE HEARING ON 09-05-2011 WHICH RESULTED IN DISMISS AL OF THE APPEAL. HE ALSO PRAYED THAT THE ORDER MAY BE RECAL LED. THE LEARNED DR HOWEVER OPPOSED THE CONTENTION OF C OUNSEL. 3. HAVING HEARD BOTH THE PARTIES AND IN VIEW OF THE PROVISO TO RULE-24 OF THE INCOME-TAX APPELLATE TRIBUNAL RULES- 1962 WE DEEM IT FIT AND PROPER TO RECALL THE ORDER OF THE TRIBUN AL AND POST THE APPEAL ON MERITS I.E 09-08-2011. M.P.NO.38(B)/2011 (IN ITA NO.971(M.)/2010 2 4. AS THE DATE OF HEARING HAS ALREADY BEEN INTIMATE D TO BOTH THE PARTIES AT THE TIME OF HEARING NO FRESH NOTICE BE ISSUED. ACCORDINGLY THE MISCELLANEOUS APPLICATION FILED BY THE ASSESSEE IS ALLOWED. (A. MOHAN ALANKAMONY) (P. MA DHAVI DEVI) ACCOUNTANT MEMBER JUDICI AL MEMBER PLACE: BANGALORE DATED: 29-07-2011 AM* COPY TO : 1. THE ASSESSEE 2. THE REVENUE 3. CIT(A) 4. CIT 5. DR 6. GF(BLORE) 7. GF(DELHI) BY ORDER ASST. REGISTRAR