IN THE INCOME TAX APPELLATE TRIBUNAL AT AHMEDABAD
"B" BENCH
Before: Shri D.K. Tyagi, Judicial Member and
Shri A. Mohan Alankamony, Accountant Member
M.A. No.119/Ahd/2011(By Assessee)
(Arising out of I.T.A. No.3229/Ahd/2009)
(A.Y. 2006-07
Guruji Shree Sandipani Vs. Asstt. Commissioner
Education Found ation of Income Tax,
C/o American School of Barod a Circle-5,
At & Po. Sayajipura, Baroda
Ajwa-Nimeta Road,
Vadod ara
Original Respond ent Original Appellant
Assessee by :Shri S.K. Vohra, Sr. D.R.
Respondent by :Shri J.P. Shah, A.R.
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Date of hearing : 01.06.2012
Date of p ronouncement : 01.06.2012
/ORDER
PER : D.K. TYAGI, JUDICIAL MEMBER
Through this M.A. the assessee wants us to recall our exprte
order dated 25.05.2011.
2. At the time of hearing ld. counsel of the assessee, placing
reliance on the contents of the M.A., submitted that notice fixing hearing on
25.5.2011 was served on assessee on 26.5.2011 and therefore, the
assessee was prevented by sufficient cause in not attending the Court on
the date of hearing of the appeal. In support of this submission affidavit of
M.A. No.119/Ahd/2011(By Assessee) 2
(Arising out of I.T.A. No.3229/Ahd/2009)
(A.Y. 2006-07
one of the partners Shri Manish Patel has also been filed. Concluding his
argument ld. counsel submitted that the order passed by the Tribunal may
kindly be recalled. Ld. D.R. did not oppose this submission of the assessee.
3. After hearing both the parties and perusing the records, we are
satisfied that the assessee was prevented by a reasonable cause in not
attending the Court on the date of hearing of this appeal. Therefore, the
order dated 25.05.2011 is hereby recalled. Date of hearing has been
pronounced in open Court for 26th July, 2012, therefore, no separate
notices will be issued.
4. In the result, this M.A. is allowed.
This Order pronounced in Open Court on 01 /06/2012
Sd/- Sd/-
(A. Mohan Alankamony) (D.K. Tyagi)
Accountant Member Judicial Member
True copy
N.K. Chaudhary, Sr. P.S.
- 01 /06/2012
/ Copy of Order Forwarded to:-
1. / Appellant
2. / Respondent
3. / Concerned CIT
4. - / CIT (A)
5. , , / DR, ITAT, Ahmedabad
6. [ / Guard file.
By order/ ,
/
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