M/s Michael Aram Export Pvt Ltd, New Delhi V. ITO, New Delhi

MA 110/DEL/2010

• Counselvise Citation: [2010] 119 COUNSELVISE.COM (IT) 3535 (ITAT-DELHI)
• Duration Of Justice: 1 month(s) 22 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 30-04-2010
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: H
• Assessment Year: 2004-2005
• Appeal Filed On: 08-03-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: BANITA DEVI RAOREM
• Assessee Lawyers: DINESH GIANI

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH FRIDAY ; NEW DELHI BEFORE SHRI C.L. SETHI, JM AND SHRI K.D. RANJAN, AM M.A. NO.110/DEL OF 2010 (IN I.T.A. NO.736/DEL OF 2009) ASSESSMENT YEAR: 2004-05 M/S MICHAEL ARAM EXPORT P. LTD., INCOME-TAX OFF ICER, F-61, SUJAN SINGH PARK, VS WARD NO.6(4), NEW DELHI. NEW DELHI. APPLICANT RESPONDENT APPLICANT BY: SHRI DINESH GIANI, ADVOCATE RESPONDENT BY: MS BANITA DEVI RAOREM, SR. DR ORDER PER C.L. SETHI, JM BY WAY OF THIS MISCELLANEOUS APPLICATION, THE ASSE SSEE HAS MADE A PRAYER TO RECALL THE TRIBUNALS ORDER DATED 29.10.2 009, PASSED BY THIS TRIBUNAL DISMISSING ASSESSEES APPEAL FOR WANT OF P ROSECUTION, BY GIVING REASON THAT ON THE DATE OF HEARING, THE ASSESSEE CO ULD NOT APPEAR BEFORE THE TRIBUNAL AS THE ASSESSEES AUTHORIZED REPRESENTATIV E WAS STUCK UP, ON THE WAY, DUE TO TRAFFIC JAM. IN SUPPORT THEREOF, ASSE SSEE HAS FILED AN AFFIDAVIT. 2. CONSIDERING THE REASONS SHOWN BY THE ASSESSEE, W E RECALL OUR ORDER, AND RESTORE THE APPEAL TO ITS FILE. REGISTRY IS HER EBY DIRECTED TO FIX THIS APPEAL 2 FOR HEARING ON 7.7.2010, A DATE, WHICH HAS ALREADY BEEN ANNOUNCED IN THE OPEN COURT AT THE TIME OF HEARING THIS MISCELLANEOU S APPLICATION ITSELF. THEREFORE, NO SEPARATE NOTICE FOR HEARING NEED TO B E SENT. 3. IN THE RESULT, MISCELLANEOUS APPLICATION FILED B Y THE ASSESSEE IS ALLOWED. 4. THIS DECISION WAS PRONOUNCED IN THE OPEN COURT O N 30 TH APRIL, 2010 IMMEDIATELY AFTER THE HEARING WAS OVER. (K.D. RANJAN) (C.L. SETHI) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 30 TH APRIL , 2010 VIJAY COPY TO: 1. APPLICANT. 2. RESPONDENT. 3. CIT 4. CIT(A) 5. DR ASSISTANT REGISTRAR