M/s. New Ambadi Estates Pvt. Ltd., CHENNAI V. ACIT, CHENNAI

MA 13/CHNY/2010

• Counselvise Citation: [2010] 123 COUNSELVISE.COM (IT) 4878 (ITAT-CHENNAI)
• Duration Of Justice: 6 month(s) 19 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 13-08-2010
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: D
• Next Hearing Date: 13-08-2010
• Assessment Year: 2004-2005
• Appeal Filed On: 25-01-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: KARUNAKARAN

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL CHENNAI BENCH D : CHENNAI [BEFORE SHRI HARI OM MARATHA, JUDICIAL MEMBER AND SHRI ABRAHAM P GEORGE, ACCOUNTANT MEMBER] M.A.NO. 13/MDS/2010 [ARISING OUT OF I .T.A NO. 1685/MDS/09] ASSESSMENT YEAR : 2004-05 NEW AMBADI ESTATES PVT. LTD PARRY HOUSE, 5 TH FLOOR 43, MOORE STREET CHENNAI 600 001 [PAN AAACN 1078J] VS THE ACIT COMPANY CIRCLE IV(4) CHENNAI (APPLICANT) (RESPONDENT) APPLICANT BY : SHRI KARUNAKARAN RESPONDENT BY : SHRI SHAJI P. JACOB O R D E R PER HARI OM MARATHA, JM: THIS MISCELLANEOUS APPLICATION WAS DISMISSED BY THE TRIBUNAL VIDE ITS ORDER DATED 26.2.2010. AGAINST T HIS ORDER, THE ASSESSEE HAS FILED A WRIT PETITION BEARING NO.13334 BEFORE THE HON'BLE MADRAS HIGH COURT. 2. THE HON'BLE MADRAS HIGH COURT VIDE ITS ORDE R DATED 29.6.2010 HAS DIRECTED THE TRIBUNAL TO DECIDE THE A PPEAL AFRESH ON MERITS AFTER HEARING THE ASSESSEE WITH THE CONDITIO N THAT THE PETITIONER IS TO DEPOSIT ` 5,000/- AS UNDERTAKEN BY THE COUNSEL FOR THE PETIT IONER WITHIN A PERIOD OF ONE WEEK FROM THE DATE OF RECEIP T OF A COPY OF THIS ORDER. THIS CONDITION IS FOUND TO HAVE BEEN COMPLI ED WITH. THEREFORE, M.A 13/2010 :- 2 -: THE REGISTRY IS DIRECTED TO FIX THE APPEAL IN I.T.A .NO.1685/MDS/09 FOR HEARING ON 13.9.2010. AS THE DATE WAS DULY NOTED B Y THE PARTIES, THERE IS NO NEED TO ISSUE NOTICE OF HEARING SEPARATELY. 3. IN THE RESULT, THE MISCELLANEOUS APPLICATION S TANDS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 13.8.2 010. SD/- SD/- ( ABRAHAM P GEORGE ) ACCOUNTANT MEMBER ( HARI OM MARATHA ) JUDICIAL MEMBER DATED: 13 TH AUGUST, 2010 RD COPY TO: APPLICANT/RESPONDENT/CIT(A)/CIT/DR