Income Tax Appellate Tribunal - Kolkata
Neena Choudhury, Kolkata vs Ito, Ward 23(2)/ Hoogly, Hooghly on 30 April, 2019
IN THE INCOME TAX APPELLATE TRIBUNAL "D" BENCH: KOLKATA
Before: Shri S.S. Viswanethra Ravi, Judicial Member and
Dr. A.L. Saini, Accountant Member
M.A. No.10/Kol/2019
(A/o. I.T.A No.57/Kol/2017)
(Assessment Year: 2009-10)
Ms. Neena Choudhury Appellant
[PAN:AKXPC 6963 D]
Vs
ITO, Ward-23(2), Hooghly Respondent
For the Appellant : Shri R. Choudhury, AR
For the Respondent : Shri C. J. Singh, JCIT, Sr.DR
Date of hearing : 26.04.2019
Date of pronouncement : 30.04.2019
ORDER
PER Shri S.S. Viswanethra Ravi, JM:
This Miscellaneous Application filed by the assessee against the ex parte order dated 07.12.2018 passed by this Tribunal in ITA No.57/Kol/2017 for Assessment Year 2009-10.
2. Heard both parties and perused the materials available on record. The contention of the ld. AR is that due to sudden demise of a family friend's member of the authorized representative, the representation could not be made before this Tribunal on the date of hearing which is neither intentional nor deliberate. The ld. DR submitted no objection in recalling the ex parte order in the interest of justice. Therefore, taking into consideration the said submissions of the ld. AR and ld. DR, we deem it proper to recall the ex parte order dated 07.12.2018 and restore the appeal to the file. The Registry is directed to fix the appeal on 18.06.2019 since the date of hearing is 1 M.A. No.10/Kol/2019 Ms. Neena Choudhury pronounced in the open court in the presence of both the parties, no notices will be issued.
3. In the result, the Miscellaneous Application filed by the assessee is allowed.
Order pronounced in the open court on 30.04.2019.
Sd/- Sd/-
[Dr. A. L. Saini] [S.S. Viswanethra Ravi]
Accountant Member Judicial Member
Dated : 30.04.2019
Place : Kolkata
RS, Sr.PS
Copy of the order forwarded to:
1. Appellant - Ms. Neena Choudhury, 8/2, Kiran Shankar Roy Road, 3rd Floor, Room No.35 to 37, Kolkata - 1.
2 Respondent - ITO, Ward-23(2), Hooghly.
3. The CIT(A), Kolkata
4. CIT , Kolkata
5. DR, Kolkata Benches, Kolkata //True Copy// By order, Assistant Registrar, ITAT, Kolkata 2