M/s. N.K.Ahmed, CHENNAI V. ITO, CHENNAI

MA 102/CHNY/2011

• Counselvise Citation: [2011] 123 COUNSELVISE.COM (IT) 6877 (ITAT-CHENNAI)
• Duration Of Justice: 2 month(s) 9 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 19-08-2011
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Next Hearing Date: 19-08-2011
• Assessment Year: 2007-2008
• Appeal Filed On: 10-06-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: T N BETGIRI
• Assessee Lawyers: C S HARIHARA N

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, CHENNAI B E F O R E DR. O.K.NARAYANAN, VICE PRESIDENT AND SHRI HARI OM MARATHA, JUDICIAL MEMBER M.P. NO.102(MDS)/2011 IN ITA NO.167(MDS)/2011 & C.O. NO.35(MDS)/2011 ASSESSMENT YEAR: 2007-08 M/S.N.K.AHMED, 73-77, DR.NATESAN ROAD, TRIPLICANE, CHENNAI-600005. PAN AAAFN3426B. VS. THE INCOME-TAX OFFICER, BUSINESS WARD VII(1), CHENNAI. (PETITIONER) (RESPONDENT) PETITIONER BY : SHRI C.S.HARIHARA N, C.A. RESPONDENT BY: SHRI T.N.BETGIRI, JCIT . DATE OF HEARING : 19 TH AUGUST, 2011 DATE OF PRONOUNCEMENT : 19 TH AUGUST, 2011 O R D E R PER DR.O.K.NARAYANAN, VICE-PRESIDENT: THIS MISCELLANEOUS PETITION FILED BY THE ASSESSEE IS IN THE NATURE OF A RESTORATION APPLICATION. THE APPEAL FI LED BY THE REVENUE IN ITA NO.167(MDS)/2011 WAS ALLOWED BY THE TRIBUNAL - - MP NO.102 OF 2011 2 THROUGH AN EX-PARTE ORDER DATED 4-4-2011. NOW THE ASSESSEE WANTS TO RECALL THE ORDER AND RESTORATION OF THE AP PEAL ON THE ROLLS OF THE TRIBUNAL FOR REHEARING. 2. WE CONSIDERED THE REASONS STATED BY THE ASSESSE E IN ITS PETITION. IN THE LIGHT OF THOSE REASONS, WE RECALL THE ORDER OF THE TRIBUNAL DATED 4-4-2011 PASSED IN ITA NO.167(MD S)/2011 AND C.O. NO.35(MDS)/2011 AND RESTORE THE APPEAL AND THE CROSS OBJECTION ON THE ROLLS OF THE TRIBUNAL. 3. THE APPEAL AND THE CROSS OBJECTION ARE POSTED F OR HEARING ON 24 TH OCTOBER, 2011. 4. IN RESULT THE PETITION FILED BY THE ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT AT THE TIME OF HEARING ON FRIDAY, THE 19 TH OF AUGUST, 2011 AT CHENNAI. SD/- SD/- (HARI OM MARATHA) (DR. O.K.NARAYANAN) JUDICIAL MEMBER VICE-PRESIDENT CHENNAI, DATED THE 19 TH AUGUST, 2011. V.A.P. COPY TO: PETITIONER/RESPONDENT/CIT/CIT(A)/DR/ GF