Raj Rajeshwar Enterprises (P) Ltd. v. The DCIT, Circle–1, Ajmer
[Citation -2019-LL-0906-31]

Citation 2019-LL-0906-31
Appellant Name Raj Rajeshwar Enterprises (P) Ltd.
Respondent Name The DCIT, Circle–1, Ajmer
Court ITAT-Jaipur
Relevant Act Income-tax
Date of Order 06/09/2019
Assessment Year 2013-14
Judgment View Judgment
Keyword Tags recalling order • non-appearance
Bot Summary: Application, the assessee is seeking for recalling the order of this Tribunal dated 16-01-2019 whereby the appeal of the assessee was dismissed for non-prosecution. The assessee has explained the cause of non- appearance of the assessee when the appeal was called for hearing and the same was dismissed for non-prosecution on 16-01-2019 that the assessee was in the process of changing the counsel and therefore, 2 MA No.53/JP/2019 M/s. Raj Rajeshwar Enterprises Ltd. vs DCIT, Circle 1, Ajmer nobody appeared on behalf of the assessee on that date. Since the appeal of the assessee was dismissed in limine and not decided on merits in the facts and circumstances of the case, we recall the impugned order dated 16-01-2019 and restore the appeal of the assessee at its original number and stage. The appeal of the assessee is directed to be refixed for hearing on 24-10-2019. The next date of hearing of the appeal of the assessee is pronounced in the open court and has been noted by both the parties. No separate notice shall be issued to the parties.


IN INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCH B, JAIPUR Before Shri Vijay Pal Rao, JM & Shri Vikram Singh Yadav, AM Misc. Application No. 53/JP/2019 (Arising out of ITA No. 541/JP/2018) Assessment Year 2013-14 M/s. Raj Rajeshwar Enterprises (P) Ltd. cuke DCIT Sarwari Gate, Opp. Ganesh Temple, Vs. Circle 1 Kishangarh Ajmer PAN/GIR No. AAECR4360F Appellant Respondent Assessee by Manish Agarwal, CA Revenue by Shri Jai Singh, JCIT-DR lquokbZ dh Date of Hearing 06/09/2019 Date of Pronouncement 06 /09/2019 ORDER PER VIJAY PAL RAO, JM By way of this Misc. Application, assessee is seeking for recalling order of this Tribunal dated 16-01-2019 whereby appeal of assessee was dismissed for non-prosecution. 2.1 We have heard ld.AR as well as ld. DR and considered relevant material on record. assessee has explained cause of non- appearance of assessee when appeal was called for hearing and same was dismissed for non-prosecution on 16-01-2019 that assessee was in process of changing counsel and therefore, 2 MA No.53/JP/2019 M/s. Raj Rajeshwar Enterprises (P) Ltd. vs DCIT, Circle 1, Ajmer nobody appeared on behalf of assessee on that date. Since appeal of assessee was dismissed in limine and not decided on merits, therefore, in facts and circumstances of case, we recall impugned order dated 16-01-2019 and restore appeal of assessee at its original number and stage. appeal of assessee is directed to be refixed for hearing on 24-10-2019. next date of hearing of appeal of assessee is pronounced in open court and has been noted by both parties. Therefore, no separate notice shall be issued to parties. Thus Misc. Application of assessee is allowed. 3.0 In result, Misc. Application of assessee is allowed. Order pronounced in open court on 06/09/2019. Sd/- Sd/- (Vikram Singh Yadav) (Vijay Pal Rao) Accountant Member Judicial Member Jaipur fnukad@Dated- 06/09/ 2019 Copy of order forwarded to 1. Appellant- M/s.Raj Rajeshwar Enterprises (P) Ltd., Kishangarh 2. Respondent- DCIT, Circle 1, Ajmer 3. CIT(A), 4. CIT, 5. DR, ITAT, Jaipur 6. Guard File (MA No.53/JP/2019) By order, Assistant. Registrar Raj Rajeshwar Enterprises (P) Ltd. v. DCIT, Circle1, Ajmer
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