Manasi sales Pvt. Ltd., Pune v. ITO Wd. 11(1),, Pune

MA 39/PUN/2011 | 2005-2006
Pronouncement Date: 13-07-2011 | Result: Allowed

Appeal Details

RSA Number 3924524 RSA 2011
Bench Pune
Appeal Number MA 39/PUN/2011
Duration Of Justice 5 month(s) 10 day(s)
Appellant Manasi sales Pvt. Ltd., Pune
Respondent ITO Wd. 11(1),, Pune
Appeal Type Miscellaneous Application
Pronouncement Date 13-07-2011
Appeal Filed By Assessee
Order Result Allowed
Bench Allotted A
Tribunal Order Date 13-07-2011
Assessment Year 2005-2006
Appeal Filed On 02-02-2011
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH A PUNE BEFORE SHRI SHAILENDRA KUMAR YADAV JUDICIAL MEMBER AND SHRI D KARUNAKARA RAO ACCOUNTANT MEMBER M.A NO 39/PN/2011 (IN ITA NO. 1096/PN/09 (ASSTT. YEARS: 2005-06) MANASI SALES PVT. LTD. .. APPLICAN T 42/2-B MAHARASHTRA HOUSING SOCIETY PLOT NO 23 PUNE 411 023 VS. INCOME-TAX OFFICER .. RESPONDENT WARD-11(1) PUNE APPLICANT BY: SMT J R CHA NDEKAR RESPONDENT BY: SHRI SANJAY SINGH ORDER PER D KARUNAKARA RAO AM BY THIS MISCELLANEOUS APPLICATION THE APPLICANT-ASSESSEE HAS REQUESTED THAT THE EX PARTE ORDER DATED 20.01.2011 PASSED BY TH E TRIBUNAL IN ITA NO 1096/PN/09 MAY BE RECALLED AS THE ASSESSEE COULD NOT ATT END BEFORE THE TRIBUNAL ON THE DATE OF HEARING FOR VALID AND SUFFICI ENT REASONS. THE LEARNED COUNSEL FOR THE APPLICANT-ASSESSEE SUBMITTED THAT THE ASSE SSEE COULD NOT ATTEND THE HEARING BEFORE THE TRIBUNAL ON 19.1.2011 AS TH E NOTICE OF HEARING WAS NOT RECEIVED BY IT. 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 19.01.2011. ACCORDINGLY WE RECALL OUR ORDER DATED 20 .01.2011 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 13 TH DAY OF JULY 2011 SD/- SD/- (SHAILENDRA KUMAR YADAV) JUDICIAL MEMBER (D KARUNAKARA RAO) ACCOUNTANT MEMBER PUNE: DATED: 13 TH JULY 2011 B COPY OF THE ORDER IS FORWARDED TO : 1. ASSESSEE 2. DEPARTMENT 3. THE CIT(A)-I PUNE 4. THE CIT-I PUNE 5. THE D.R A BENCH PUNE TRUE COPY BY ORDER ASSISTANT REGISTRAR ITAT PUNE BENCHES PUNE