Swami Narottam Das Educational Welfare Society, Agra V. C.I.T.-II, Agra

MA 19/AGR/2011

• Counselvise Citation: [2012] 123 COUNSELVISE.COM (IT) 7633 (ITAT-AGRA)
• Duration Of Justice: 8 month(s) 15 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 23-03-2012
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Next Hearing Date: 23-03-2012
• Assessment Year: misc
• Appeal Filed On: 08-07-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SOHAIL AKHTAR
• Assessee Lawyers: SHARAT CHANDRA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, AGRA BENCH, AGRA BEFORE : SHRI BHAVNESH SAINI, JUDICIAL MEMBER & SHRI A. L. GEHLOT, ACCOUNTANT MEMBER M.A. NO. 19/AGRA/2011 (IN ITA NO. 49/AGRA/2010) SWAMI NAROTTAM DAS EDUCATIONAL WELFARE SOCIETY, VS. CIT-II, AGRA A-57, TRANS YAMUNA COLONY, AGRA. (PAN : ABPFS 4275 F) (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI SHARAT CHANDRA, C.A. RESPONDENT BY : SHRI SOHAIL AKHTAR, JR. DR DATE OF HEARING : 23.03.2012 DATE OF PRONOUNCEMENT OF ORDER : 23.03.2012 ORDER PER BENCH : THE APPEAL OF THE ASSESSEE WAS DISMISSED IN LIMIN E BY THE TRIBUNAL VIDE ORDER DATED 20.04.2011. THE LD. COUNSEL FOR THE ASS ESSEE SUBMITTED THAT THE ASSESSEE HAS NOT RECEIVED ANY NOTICE FOR THE DATE O F HEARING. AFFIDAVIT OF THE MANAGER OF THE ASSESSEE IS FILED IN SUPPORT OF THE CONTENTION. THE RECORD ALSO REVEALS THAT THE SERVICE REPORT IS NOT AVAILABLE ON RECORD. ACCORDINGLY, EARLIER ORDER OF THE TRIBUNAL DATED 20.04.2011 IS RECALLED, PARTICULARLY WHEN THE APPEAL WAS ALSO NOT DECIDED ON MERIT. APPEAL OF THE ASSESS EE IS RESTORED TO ITS ORIGINAL M.A. NO. 19/AGRA/2011 2 NUMBER AND BE FIXED FOR HEARING ON 25.04.2012, FOR WHICH NO SEPARATE NOTICE SHALL BE ISSUED. 2. IN THE RESULT, THE MISCELLANEOUS APPLICATION OF THE ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 23.03.2012. SD/- SD/- (A.L. GEHLOT) (BHAVNESH SAINI) ACCOUNTANT MEMBER JUDICIAL MEMBER *AKS/- COPY OF THE ORDER FORWARDED TO : 1. APPELLANT 2. RESPONDENT 3. CIT(A), CONCERNED BY ORDER 4. CIT, CONCERNED 5. DR, ITAT, AGRA 6. GUARD FILE ASSISTANT REGISTRAR TRUE COPY