9911796707
TMI Blog2019 (3) TMI 1675X X X X Extracts X X X X X X X X Extracts X X X X ..... -03, Sawai Madhopur vide speed post to serve the original order on the assessee. Subsequently, a communication dated 04.06.2018 has been received from ITO, Ward-3, Sawai Madhopur stating that the said order has been sent to the jurisdictional ITO, Karauli to serve the same on the assessee. Therefore, we find that the contention so raised by the ld. AR in the affidavit that he has been served the o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by : Shri S. L. Poddar (Adv.) Revenue by : Shri J. C. Kulhari (JCIT) ORDER Vikram Singh Yadav, This is a Misc. Application filed by the assessee requesting for recall of the ex-parte order passed by the Co-ordinate Bench vide order dated 24.03.2017 dismissing the appeal of the assessee in limine. 2. At the outset, it is noted that there is delay in filing the Misc. Application from end o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... before the Tribunal, a report from the Registry was called by the Bench. In its report dated 11.01.2019, the Registry has stated that the order passed by the Tribunal in ITA No. 170/JP/2015 dated 24.03.2017 was sent through speed post on 29.03.2017. Subsequently, the said order was received back unserved from the Postal Department and thereafter, a letter dated 29.05.2018 was issued to ITO, Ward- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... has explained the reason for non appearance of the ld. AR on account of bad medical health. Accordingly, in the interest of justice, we recall the impugned order of the Tribunal and direct the Registry to fix the appeal of the assessee for fresh hearing and adjudication in regular course. In the result, Misc. Application of the assesse is allowed. Pronounced in the Open Court on 20/03/2019. X X X X Extracts X X X X X X X X Extracts X X X X
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