Kamlesh Chandrakant Patel v. ACIT, Circle-6, Ahmedabad
[Citation -2019-LL-0821-20]

Citation 2019-LL-0821-20
Appellant Name Kamlesh Chandrakant Patel
Respondent Name ACIT, Circle-6, Ahmedabad
Court ITAT-Ahmedabad
Relevant Act Income-tax
Date of Order 21/08/2019
Assessment Year 2010-11
Judgment View Judgment
Keyword Tags recalling order • non-appearance • service of notice
Bot Summary: PAN No. AAXPP 0957 E. Appellant by : Shri Biren Shah, A.R. Respondent by : Shri Ranjan Kumar Singh, Sr. D.R. Date of Hearing 02/08/2019 Date of Pronouncement 21/08/2019 ORDER PER Ms. MADHUMITA ROY - JM: The instant application filed at the instant of the assessee is directed against the order dated 09.05.2019 passed by the Hon ble Tribunal whereby and whereunder the original application being ITA No.624/Ahd/2014 has been dismissed for default since none appeared on behalf of the assessee neither any adjournment has been sought for. In the instant application the assessee has stated that due to change of address of business place the notices sent by the Tribunal could not be -2- MA No.218/Ahd/2019(in ITA No.634/Ahd/2014) Kamlesh Chandrakant Patel vs. ACIT Asst.Year 2010-11 received by the assessee and hence the assessee could not represent the case at the time of call on 06.05.2019. It is the case of the assessee that admittedly the new address was left to be brought on the record of the Hon ble Tribunal. The new address has been mentioned in the instant recalling application before us. We find that the reason for not appearing before the Learned Tribunal at the time of call on 06.05.2019 as taken by the Learned AR seems to be genuine and hence the order dated 09.05.2019 is hereby recalled. The matter is restored to the file of the Learned Tribunal. Since both the parties have already appeared today no further notice is required to be served.


IN INCOME TAX APPELLATE TRIBUNAL BENCH, AHMEDABAD BEFORE SHRI PRADIP KUMAR KEDIA, ACCOUNTANT MEMBER & Ms. MADHUMITA ROY, JUDICIAL MEMBER MA No.218/Ahd/2019 (in ITA No. 634/Ahd/2014) (Assessment Year : 2010-11) Kamlesh Chandrakant Patel, Vs. ACIT, Prop. of West Coast Inc. Circle 6, 3, New Rajdeep Society, Nr. Ahmedabad. Sun-set Row House, Memnagar, Ahmedabad 380 052. [PAN No. AAXPP 0957 E] (Appellant) .. (Respondent) Appellant by : Shri Biren Shah, A.R. Respondent by : Shri Ranjan Kumar Singh, Sr. D.R. Date of Hearing 02/08/2019 Date of Pronouncement 21/08/2019 ORDER PER Ms. MADHUMITA ROY - JM: instant application filed at instant of assessee is directed against order dated 09.05.2019 passed by Hon ble Tribunal whereby and whereunder original application being ITA No.624/Ahd/2014 has been dismissed for default since none appeared on behalf of assessee neither any adjournment has been sought for. 2. In instant application assessee has stated that due to change of address of business place notices sent by Tribunal could not be -2- MA No.218/Ahd/2019(in ITA No.634/Ahd/2014) Kamlesh Chandrakant Patel vs. ACIT Asst.Year 2010-11 received by assessee and hence assessee could not represent case at time of call on 06.05.2019. It is case of assessee that admittedly new address was left to be brought on record of Hon ble Tribunal. However, new address has been mentioned in instant recalling application before us. We find that reason for not appearing before Learned Tribunal at time of call on 06.05.2019 as taken by Learned AR seems to be genuine and hence order dated 09.05.2019 is hereby recalled. matter is restored to file of Learned Tribunal. Registry is directed to keep matter on Board on 18.09.2019. Since both parties have already appeared today no further notice is required to be served. 4. In result, assessee s MA is allowed. This order pronounced in Open Court on 21/08/2019 Sd/- Sd/- ( PRADIP KUMAR KEDIA ) ( Ms. MADHUMITA ROY ) ACCOUNTANT MEMBER JUDICIAL MEMBER Ahmedabad; Dated 21/08/2019 Priti Yadav, Sr.PS /Copy of Order forwarded to : 1. Appellant 2. Respondent. 3. Concerned CIT 4. CIT(A). 5. DR, ITAT, Ahmedabad 6. Guard file. / BY ORDER, //True Copy// / (Dy./Asstt.Registrar), ITAT, Ahmedabad Kamlesh Chandrakant Patel v. ACIT, Circle-6, Ahmedabad
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