Income Tax Appellate Tribunal - Jaipur
Rasal Builders & Developers Pvt. Ltd., ... vs Ito, Jaipur on 4 June, 2018
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IN THE INCOME TAX APPELLATE TRIBUNAL,
JAIPUR BENCHES , JAIPUR
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BEFORE: SHRI VIJAY PAL RAO, JM & SHRI BHAGCHAND, AM
Misc. Application No. 68/JP/2018
(Arising out of vk;dj vihy la-@ITA No. 287/JP/2017)
fu/kZkj.k o"kZ@Assessment Year : 2005-06
M/s. Rasal Builders & Developers Pvt Ltd. cuke The ITO
114, Joshi Marg, Shanti Nagar, Kalwad Road Vs. Ward- 3 (1)
Jhotwaa, Jaipur Jaipur
LFkk;h ys[kk la-@thvkbZvkj la-@PAN/GIR No.: AACCR 6981 Q
vihykFkhZ@Appellant izR;FkhZ@Respondent
fu/kZkfjrh dh vksj ls@Assessee by: Shri Dilip Shivpuri, Advocate
jktLo dh vksj ls@ Revenue by:Smt. Poonam Rai, DCIT- DR
lquokbZ dh rkjh[k@ Date of Hearing : 01/06/2018
?kks"k.kk dh rkjh[k@ Date of Pronouncement : 4 /06/2018
vkns'k@ ORDER
PER BHAGCHAND, AM
Through this Miscellaneous Application, the assessee prays for recalling of ex- parte order dated 09-04-2018 of Tribunal in ITA No. 287/JP/2017 for the assessment year 2005-06 by mentioning therein reason as under:-
''That the non-appearance was because of some miscommunication amongst the staff of the A/R of the assessee because of which the A/R/ was apparently not informed of the date of hearing.
That the assessee was not aware of the fact that the A/R was not appearing for hearing otherwise he would have been there and appeared himself or would have appointed another A/R immediately. That the assessee has taken a serious view of this lapse and has changed his A/R/'' 2 MA No. 68/JP/2018 M/s. Rasal Builders & Developers Pvt. Ltd vs ITO, Ward- 3 (1) Jaipur .
2. On the other hand, the ld. DR opposed the miscellaneous application of the assessee.
3. After hearing both the parties and perusing the materials available on record, the Bench hold that there was sufficient reason and on account of which the assessee could not be present on the date of hearing. Hence, the Bench recalls the ex-parte order dated 09-04-2018. The date of hearing of appeal is fixed on 19-07-2018 and both sides are informed in this regard in open Court.
4. In the result, the Miscellaneous Application filed by the assessee is allowed.
Sd/- Sd/- ¼ fot; iky jko ½ ¼HkkxpUn½ (Vijay Pal Rao) (Bhagchand) U;kf;d lnL; /Judicial Member ys[kk lnL;@Accountant Member Tk;iqj@Jaipur fnukad@Dated:- 04 /06/ 2018 *Mishra
vkns'k dh izfrfyfi vxzfs "kr@Copy of the order forwarded to:
1. vihykFkhZ@The Appellant- M/s. Rasal Builders & Developers Pvt. Ltd., Jaipur
2. izR;FkhZ@ The Respondent- The ITO, Ward- 3 (1), Jaipur ,
3. vk;dj vk;qDr¼vihy½@ CIT(A).
4. vk;dj vk;qDr@ CIT,
5. foHkkxh; izfrfuf/k] vk;dj vihyh; vf/kdj.k] t;iqj@DR, ITAT, Jaipur
6. xkMZ QkbZy@ Guard File (MA No. 68/JP/2018) vkns'kkuqlkj@ By order, lgk;d iathdkj@ Assistant. Registrar