Income Tax Appellate Tribunal - Kolkata
M/S. Sangita Construction Co., Kolkata vs Ito, Ward - 26(1), Kolkata, Kolkata on 27 July, 2018
M.A.No.111/K/2018 A/o ITA No.354/Kol/2016 Ms Sangita Constn.Co A.Y.2010-11 1
IN THE INCOME TAX APPELLATE TRIBUNAL, BENCH 'B' KOLKATA
[Before Hon'ble Shri S.S.Godara, JM & Shri M.Balaganesh, AM ]
M.A.No.111/Kol/2018
(A/o ITA No.354Kol/2016)
Assessment Year : 2010-11
M/s Sangita Construction Co., -versus- I.T.O., Ward-26 (1),
Kolkata Kolkata
(PAN: AAVFS 7245 L)
(Appellant) (Respondent)
For the Appellant: Shri A.K.Tibrewal, FCA & Shri Amit Agarwal, Advocate
For the Respondent: Shri Sallong Yaden, Addl. CIT
Date of Hearing : 27.07.2018.
Date of Pronouncement : 27.07.2018.
ORDER
PER S.S.GODARA, JM:
This assessee's Miscellaneous Applicaiton filed u/s 254(2) of the Income Tax Act, 1961 seeks to recall our order dated 17.01.2018 dismissing the main case for non prosecution.
Heard both the parties. Case file perused.
2. The assessee's only averment during the course of hearing is that although it had engaged its authorised representative to represent the main appeal on its behalf, its counsel could not appear because of some communication gap. All this resulted in the main appeal being dismissed for non prosecution. Learned counsel refers to assessee's partner's detailed affidavit to this effect dated 18.04.2018 solemnly clarifying all the relevant facts and circumstances to this effect. The Revenue is very much fair in not disputing correctness thereof during the course of hearing. We conclude that assessee's non appearance in the main appeal hearing dated 17.01.2018 was neither intentional nor deliberate. We thus recall our order dated 17.01.2018. The registry is directed to fix the appeal on 26.09.2018. It may not send any further notice of hearing M.A.No.111/K/2018 A/o ITA No.354/Kol/2016 Ms Sangita Constn.Co A.Y.2010-11 2 for the said date as both the parties have noted down the same during the course of hearing before us.
3. Thus assessee's Miscellaneous Application is accepted in the above terms.
Order pronounced in the Court on 27.07.2018.
Sd/- Sd/-
[M.. Balaganesh ] [ S.S.Godara ]
Accountant Member Judicial Member
Dated : 27.07.2018.
[RG Sr.PS]
Copy of the order forwarded to:
1.M/s Sangita Construction Co., Pujali, Budge Budge, Kolkata-700138.
2. I.T.O., Ward-26(1), Kolkata.
3. C.I.T.(A)- 7, Kolkata 4. C.I.T-9, Kolkata
5. CIT(DR), Kolkata Benches, Kolkata.
True Copy By order, Senior Private Secretary Head of Office/D.D.O, ITAT Kolkata Benches