M/s. Trimex Industries Pvt Ltd., CHENNAI V. ACIT, CHENNAI

MA 135/CHNY/2011

• Counselvise Citation: [2011] 123 COUNSELVISE.COM (IT) 6840 (ITAT-CHENNAI)
• Duration Of Justice: 1 month(s) 17 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 09-09-2011
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: D
• Next Hearing Date: 09-09-2011
• Assessment Year: 2006-2007
• Appeal Filed On: 22-07-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: T N PRAKASH
• Assessee Lawyers: N DEVANATHAN

Judgement Text

IN THE INCOME-TAX APPELLATE TRIBUNAL CHENNAI D BENCH, CHENNAI. BEFORE SHRI.U.B.S. BEDI J.M. & SHRI. N.S. SAINI A.M . M.A.NO. 135/MDS/2011 [IN I.T.A. NO. 2117/MDS/2010] ASSESSMENT YEAR: 2006-07 M/S. TRIMEX INDUSTRIES PRIVATE LIMITED, TRIMEX TOWER, IV FLOOR, NO.1, SUBRAMANIA AVENUE, C.P. RAMASAMY ROAD, ALWARPET, CHENNAI 18. [PAN: AABCT0212F] VS. THE ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE IV(3), CHENNAI. (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI N. DEVANATHAN, ADVOCATE REVENUE BY : SHRI T.N. PRAKASH, JCIT DATE OF HEARING : 09.09.2011 DATE OF PRONOUNCEMENT : 09.09.2011 ORDER PER U.B.S. BEDI, J.M . BY MEANS OF THIS MISCELLANEOUS PETITION, THE ASSESS EE SEEKS TO GET RECALLED THE ORDER PASSED BY THE TRIBUNAL IN I.T.A. NO.2117/MDS/2010 FOR THE ASSESSMENT YEAR 2006-07 DATED 16.06.2011ON THE GROU ND THAT THE CHARTERED ACCOUNTANT OF THE ASSESSEE, DUE TO PRIOR COMMITMENT , COULD NOT BE ABLE APPEAR ON THE DATE OF HEARING AND BY SUPPORTING SUCH APPLI CATION WITH AFFIDAVIT, THE ASSESSEE PLEADED THAT EX-PARTE ORDER OF THE TRIBUNA L PASSED MAY BE RECALLED AND THE ASSESSEE ASSURES FULL COOPERATION, IF THE O RDER OF THE TRIBUNAL IS RECALLED AND APPEAL IS FIXED FOR HEARING. 2. THE LD. DR DID NOT OBJECT IN CASE THE ORDER OF THE TRIBUNAL IS RECALLED AND APPEAL IS FIXED FOR HEARING. M MM M.A. NO .A. NO .A. NO .A. NO. .. .135 135135 135/MDS/1 /MDS/1 /MDS/1 /MDS/11 11 1 2 3. WE HAVE HEARD BOTH THE SIDES, CONSIDERED THE MA TERIALS ON RECORD AND ARE SATISFIED THAT THE ASSESSEE WAS PREVENTED BY SU FFICIENT CAUSE FOR NOT APPEARING ON THE DATE OF HEARING. AS SUCH, WHILE AC CEPTING THE PETITION OF THE ASSESSEE, WE RECALL OUR ORDER DATED 16.06.2011 AND FIX THE APPEAL FOR HEARING ON 05.10.2011 FOR WHICH NO SEPARATE NOTICE WOULD BE ISSUED AS BOTH THE SIDES HAVE WAIVED THEIR RIGHT OF NOTICE. 4. IN THE RESULT, THE MISCELLANEOUS PETITION OF TH E ASSESSEE GETS ACCEPTED. ORDER PRONOUNCED SOON AFTER THE CONCLUSION OF HEAR ING ON 09.09.2011. SD/- SD/- (N.S. SAINI) ACCOUNTANT MEMBER (U.B.S. BEDI) JUDICIAL MEMBER CHENNAI, DATED, THE 09.09.2011 VM/- TO:THE ASSESSEE//A.O./CIT(A)/CIT/D.R.