9911796707
TMI Blog2014 (1) TMI 333X X X X Extracts X X X X X X X X Extracts X X X X ..... rant further adjournment as the matter had been adjourned on several occasions - the assessee has failed to point out any defect in the order passed by the Tribunal – Decided against Assessee. - MA No. 26/CHD/2013, ITA No.218/CHD/2011 - - - Dated:- 10-6-2013 - Shri T. R. Sood And And Ms. Sushma Chowla,JJ. For the Appellant : Shri S. K. Mukhi For the Respondent : Shri I. S. Nagar ORDER Per Sushma Chowna, JM. The present Miscellaneous Application is moved by the applicant for recalling of the order of the Tribunal in ITA No.218/Chd/2011 dated 13.12.2012 relating to assessment year 2007-08. 2. The grievance of the applicant was against the order passed by the Tribunal in ITA 218/Chd/2011 order dated 13.12.2012 wherein th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... journment was given in the presence of the counsel for the assessee. On 12.09.2012, the Bench did not function and the matter was adjourned to 05.12.2012, on which date none appeared on behalf of the assessee and the appeal was decided after considering the orders of the authorities below and the Paper Book filed by the assessee. The issue was against the disallowance u/s 36(1)(iii) of the Act and the CIT(Appeals) had deliberated upon each of the loan account advanced by the assessee interest-free as against the claim of interest expenditure in the Profit Loss Account. Part of the issue was decided in favour of the assessee by the C IT(Appeals) and the matter was restored back to the AO for necessary verification. However, in respect of o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a brief synopsis was prepared alongwith various judgments by the appellant which is hereby annexed for which no opportunity was given to the appellant as the adjournment was denied though there being reasonable cause which will clarify that the confirmation of disallowance by lower authorities is baseless." The perusal of the records of Miscellaneous Application reflect no such s ynopsis having been annexed with the Miscellaneous Application by the assessee or the counsel of the assessee. Further, during the course of hearing of the present Miscellaneous Application, the ld. AR for the assessee has failed to point out any defect in the order of the Tribunal decided on merits of the case. 5. In the totalit y of the above mentioned facts a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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