Madhavrao Scindia Enclave Resident Welfare Society, Gwalior v. C.I.T., Gwalior

IN THE INCOME TAX APPELLATE TRIBUNAL AGRA BENCH AGRA BEFORE : SHRI BHAVNESH SAINI JUDICIAL MEMBER & SHRI A. L. GEHLOT ACCOUNTANT MEMBER M.A. NO. 06/AGRA/2011 (IN ITA NO. 176/AGRA/2009) MADHAVRAO SCINDIA ENCLAVE VS. COMMISSIONER OF RESIDENT WELFARE SOCIETY INCOME-TAX GWALIOR. HIG -14 MRS ENCLAVE THATIPUR GWALIOR. (PAN : AACTM 1909 Q) (APPELLANT) (RESPONDENT) APPELLANT BY : NONE (WRITTEN SUBMISSIONS) RESPONDENT BY : SHRI A.K. SHARMA JR. D.R. DATE OF HEARING : 30.03.2012 DATE OF PRONOUNCEMENT OF ORDER : 30.03.2012 ORDER PER BENCH : NONE APPEARED FOR THE ASSESSEE. WRITTEN SUBMISSIO N IS FILED WHICH IS TAKEN INTO CONSIDERATION. THE APPEAL OF THE ASSESSE E WAS DISMISSED IN LIMINE VIDE ORDER DATED 12.01.2011. THE ORDER SHOWS THAT N OTICE COULD NOT BE SERVED BECAUSE THE PREMISES WERE FOUND LOCKED. THE ASSESSE E STATED IN THE MISCELLANEOUS APPLICATION THAT NO NOTICE HAS BEEN S ERVED ON THE ASSESSEE AND IS WILLING TO PROSECUTE THE APPEAL. THE LD. DR HAS NO OBJECTION FOR RECALLING THE EARLIER ORDER. CONSIDERING THE ABOVE FACTS WE FIND THAT THE ASSESSEE WAS PREVENTED BY SUFFICIENT CAUSE TO APPEAR BEFORE THE TRIBUNAL ON THE DATE OF M.A. NO. 06/AGRA/2011 2 HEARING. EARLIER ORDER DATED 12.01.2011 IS RECALLED AND THE APPEAL OF THE ASSESSEE IS RESTORED TO ITS ORIGINAL NUMBER. THE AP PEAL BE FIXED FOR HEARING ON 09.05.2012. ISSUE NOTICE FOR HEARING OF APPEAL. 2. IN THE RESULT THE MA OF THE ASSESSEE IS ALLOWED . ORDER PRONOUNCED IN THE OPEN COURT ON 30.03.2012. SD/- SD/- (A.L. GEHLOT) (BHAVNESH SAINI) ACCOUNTANT MEMBER JUDICIAL MEMBER *AKS/- COPY OF THE ORDER FORWARDED TO : 1. APPELLANT 2. RESPONDENT 3. CIT(A) CONCERNED BY ORDER 4. CIT CONCERNED 5. DR ITAT AGRA 6. GUARD FILE ASSISTANT REGISTRAR TRUE COPY