Shri Arjanbhai Kadwabhai Harnia, Surat v. The Income tax Officer,Ward-8(2),, Surat

MA 94/AHD/2011 | 2002-2003
Pronouncement Date: 09-02-2012 | Result: Allowed

Appeal Details

RSA Number 9420524 RSA 2011
Assessee PAN ABBPH2234F
Bench Ahmedabad
Appeal Number MA 94/AHD/2011
Duration Of Justice 8 month(s) 1 day(s)
Appellant Shri Arjanbhai Kadwabhai Harnia, Surat
Respondent The Income tax Officer,Ward-8(2),, Surat
Appeal Type Miscellaneous Application
Pronouncement Date 09-02-2012
Appeal Filed By Assessee
Order Result Allowed
Bench Allotted D
Tribunal Order Date 09-02-2012
Assessment Year 2002-2003
Appeal Filed On 08-06-2011
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH AHMEDABAD BEFORE SHRI BHAVNESH SAINI JUDICIAL MEMBER AND SHRI A. K. GARODIA ACCOUNTANT MEMBER M.A. NO.94/AHD/2011 IN I.T.A.NO. 1070/AHD/2007 (ASSESSMENT YEAR 2002-03) ARJANBHAI KADWABHAI HARNIA C/.O YOGESH B SHAH 5/1345 KAPILA MANSION KALJUG STREET HARIPURA SURAT -395003 VS. ITO WARD 8(2) SURAT PAN/GIR NO. : ABBPH2234F (APPELLANT) .. (RESPONDENT) APPELLANT BY: WRITTEN SUBMISSION RESPONDENT BY: SHRI B L YADAV DR DATE OF HEARING: 13.01.2012 DATE OF PRONOUNCEMENT: 09.02.2012 O R D E R PER SHRI A. K. GARODIA AM:- THIS MISCELLANEOUS APPLICATION IS FILED BY THE ASS ESSEE SEEKING RECALL OF EX-PARTE TRIBUNAL ORDER DATED 11.05.2007. I WAS SUBMITTED IN THE MISCELLANEOUS APPLICATION THAT THE ASSESSEE HAS DUL Y SENT WRITTEN SUBMISSION THROUGH COURIER IN THE FORM OF PAPER BOO K ON 05.07.2007 WHICH WAS RECEIVED BY THE TRIBUNAL ON 06.07.2007 BU T IN THE TRIBUNAL ORDER THESE WRITTEN SUBMISSION OF THE ASSESSEE WER E NOT CONSIDERED AND HENCE IT IS THE REQUEST OF THE ASSESSEE THAT THIS EX-PARTE TRIBUNAL ORDER SHOULD BE RECALLED. 2. FROM THE RECORDS WE FIND THAT THE WRITTEN SUBMI SSIONS OF THE ASSESSEE ARE RECEIVED BY THE TRIBUNAL ON 06.07.2007 AND THE SAME ARE VERY MUCH AVAILABLE ON RECORD BUT IN THE TRIBUNAL O RDER THE SAME WERE M.A.NO.148 /AHD/2009 2 NOT CONSIDERED AND HENCE WE FEEL THAT THIS EX-PART E TRIBUNAL ORDER SHOULD BE RECALLED. WE ORDER ACCORDINGLY. THE REGISTRY I S DIRECTED TO FIX THIS APPEAL FOR HEARING IN DUE COURSE. 3. ORDER PRONOUNCED IN THE OPEN COURT ON THE DATE M ENTIONED HEREINABOVE. SD./- SD./- (BHAVNESH SAINI) (A. K. GARODIA) JUDICIAL MEMBER ACCOUNTANT MEMBER SP COPY OF THE ORDER FORWARDED TO: 1. THE APPLICANT 2. THE RESPONDENT 3. THE CIT CONCERNED 4. THE LD. CIT (APPEALS) 5. THE DR AHMEDABAD BY ORDER 6. THE GUARD FILE AR ITAT AHMEDABAD 1. DATE OF DICTATION 1/2/12 2. DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER 2/2/12OTHER MEMBER 3. DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR. P .S./P.S. 4. DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE D ICTATING MEMBER FOR PRONOUNCEMENT 09/2 5. DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR. P.S./P.S.9/2 6. DATE ON WHICH THE FILE GOES TO THE BENCH CLERK 09/02/2012 7. DATE ON WHICH THE FILE GOES TO THE HEAD CLERK .. 8. THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT RE GISTRAR FOR SIGNATURE ON THE ORDER . 9. DATE OF DESPATCH OF THE ORDER. .