M/s Woolsheel Traders (P) Ltd., New Delhi V. ITO, New Delhi

MA 134/DEL/2011

• Counselvise Citation: [2011] 123 COUNSELVISE.COM (IT) 6901 (ITAT-DELHI)
• Duration Of Justice: 4 month(s) 11 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 16-09-2011
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: I
• Assessment Year: 2004-2005
• Appeal Filed On: 05-05-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Reasonable cause

Judgement Text

MA NO. 134/DEL/2011 1 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH FRIDAY NEW DELHI BEFORE SHRI RAJPAL YADAV, JUDICIAL MEMBER AND SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER MA NO. 134/DEL/2011 (IN ITA NO. 5932/DEL/2010) A.Y. 2004-05 M/S WOOLSHEEL TRADERS (P) LTD., VS. ITO, WARD 18(3), C-12, GULMOHAR PARK, C.R. BUILDING, NEW DELHI 110 049 NEW DELHI [PAN : [PAN : [PAN : [PAN : AAACW2715R AAACW2715R AAACW2715R AAACW2715R) )) ) (APPELLANT) (APPELLANT) (APPELLANT) (APPELLANT) (RESPONDENT) (RESPONDENT) (RESPONDENT) (RESPONDENT) ASSESSEE BY : SH. PIYUSH KAUSHIK, ADV. DEPARTMENT BY : SH. ROHIT GARG, D.R. ORDER PER SHAMIM YAHYA, AM BY WAY OF THIS MISCELLANEOUS APPLICATION, ASSESS EE SEEKS RECALL OF THE ORDER OF THIS TRIBUNAL IN ITA NO. 5932/DEL/2010 DAT ED 03.3.2011 FOR ASSESSMENT YEAR 2004-05. 2. THE SAID APPEAL BY THE ASSESSEE WAS DISMISSED F OR NON-PROSECUTION. NOW THE LD. COUNSEL OF THE ASSESSEE SUBMITS THAT THERE WAS REASONABLE CAUSE FOR NOT ATTENDING THE COURT. 3. UPON CAREFUL CONSIDERATION, WE ARE OF THE OPINIO N THAT ASSESSEE HAS REASONABLE CAUSE FOR NON-APPEARANCE ON THE SPECIFIE D DATE OF HEARING. HENCE, WE RECALL OUR AFORESAID ORDER. THE REGISTRY IS DIRECTED TO FIX THE CASE FOR HEARING ON 30.11.2011. MA NO. 134/DEL/2011 2 4. IN THE RESULT, THE MISC. APPLICATION FILED BY THE ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 16/9/2011 , UPON CONCLUSION OF HEARING. SD/- SD/- [RAJPAL YADAV] [SHAMIM YAHYA] JUDICIAL MEMBER ACCOUNTANT MEMBER DATE 16/9/2011 SRB COPY FORWARDED TO: - 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT (A) 5. DR, ITAT TRUE COPY BY ORDER, ASSISTANT REGISTRAR, ITAT, DELHI BENCHES