PEC Ltd., New Delhi V. ACIT, New Delhi

MA 18/DEL/2011

• Counselvise Citation: [2011] 123 COUNSELVISE.COM (IT) 6648 (ITAT-DELHI)
• Duration Of Justice: 5 month(s) 20 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 01-07-2011
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: F
• Assessment Year: 2007-2008
• Appeal Filed On: 12-01-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: PRATIMA KAUSHIK

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH `FRIDAY E: NEW DELHI BEFORE SHRI C.L.SETHI, JUDICIAL MEMBER AND SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER M.A.NO.18/DEL/2011 (IN I.T.A. NO.3910/DEL/2010) ASSESSMENT YEAR : 2007-08 M/S. PEC LTD., ADDL. COMMISSIONER OF I NCOME-TAX, HANSALAYA, 9 TH FLOOR, VS. RANGE-14, NEW DELHI. 15, BARAKHAMBA ROAD, NEW DELHI. PAN: AAACT0101G. (APPLICANT) (RESPONDENT) APPLICANT BY : SHRI SANJ AY AGGARWAL, CA. RESPONDENT BY : SMT. PRATIM A KAUSHIK, SR.DR. O R D E R PER C.L. SETHI, JUDICIAL MEMBER BY WAY OF THIS MISC. APPLICATION, THE ASSESSEE, A P UBLIC SECTOR UNDERTAKING HAS MADE A PRAYER TO RECALL THE TRIBUNA LS ORDER DATED 20 TH OCTOBER, 2010, PASSED IN THE CAPTIONED APPEAL PERTA INING TO THE ASSESSMENT YEAR 2007-08. 2. IN THIS CASE, THE ASSESSEES APPEAL WAS DISMISSE D FOR WANT OF COMMITTEE ON DISPUTES APPROVAL VIDE TRIBUNALS ORD ER DATED 20 TH OCTOBER, 2010. NOW, THE ASSESSEE HAS FILED THIS MISC. APPLI CATION STATING THEREIN THAT THE ASSESSEE COMPANY HAS OBTAINED THE CLEARANCE FRO M THE COMMITTEE ON 2 DISPUTES VIDE ORDER DATED 16.12.2010, WHEREBY THE C OD VIDE ITEM NO.5 OF THE MINUTES HAS ALLOWED THE ASSESSEE TO PURSUE THIS APPEAL BEFORE THE TRIBUNAL. 3. IN THE LIGHT OF THE FACTS MENTIONED ABOVE, WE, T HEREFORE, RECALL OUR ORDER DATED 20 TH OCTOBER, 2010 AND RESTORE THIS APPEAL TO ITS FILE FOR DISPOSAL ON MERITS. THE REGISTRY IS HEREBY DIRECTED TO FIX THIS APPEAL AFRESH FOR HEARING IN DUE COURSE OF TIME. WE ORDER ACCORDINGL Y. 4. IN THE RESULT, THE MISC. APPLICATION FILED BY TH E ASSESSEE IS ALLOWED. 5. THIS DECISION WAS PRONOUNCED IN THE OPEN COURT I MMEDIATELY AFTER THE HEARING WAS OVER ON 1 ST JULY, 2011. SD/- SD/- (SHAMIM YAHYA) (C.L. SETHI) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 1 ST JULY, 2011. COPY OF THE ORDER FORWARDED TO:- 1. APPLICANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR BY ORDER *MG DEPUTY REGISTRAR, ITAT.