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2017 (3) TMI 1745 - AT - Income TaxReasonable cause for non-appearance on the date fixed for hearing - Notice fixing the date of hearing was not received by the assessee due to change of address - HELD THAT - As gone through the Miscellaneous applications and found that assessee has changed place and notice could not be served at the new address. We are satisfied with assessee s reasonable cause for non-appearance on the date fixed for hearing. In the interest of justice, we recall the exparte order of Tribunal dated 23/08/2016 and direct the Registry to issue afresh notice at the new address as stated in the affidavit.
Issues:
Recall of exparte order due to non-receipt of hearing notice post address change. Analysis: The Appellate Tribunal ITAT Mumbai, comprising Shri R.C. Sharma and Shri Ravish Sood, JJ., considered the miscellaneous applications filed by the assessee to recall the exparte order dated 23/08/2016 in relation to ITA No. 3275/Mum/2015 and ITA No.3276/Mum/2015 for the Assessment Years 2003-04 and 2004-05. The learned AR representing the assessee contended that the notice fixing the hearing date was not received due to a change of address, leading to the assessee's inability to attend the hearing. An affidavit supporting this claim was submitted, stating that the assessee had shifted to a new address where the notice could not be served. The Tribunal examined the affidavit and noted the reasons for non-appearance, including the change of address and failure to receive notices due to inaccurate department records. The Tribunal acknowledged the unintentional nature of the default and the genuine interest of the assessee in pursuing the appeal. Consequently, in the interest of justice, the Tribunal decided to recall the exparte order and directed the Registry to issue a fresh notice at the new address provided in the affidavit. The decision was made after the learned DR raised no objections to recalling the exparte order. As a result, both the miscellaneous applications were allowed, and the order was pronounced on 31/03/2017.
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