M/s Dev Siksha Samiti, Mohindergarh V. ACIT, Faridabad

MA 208/DEL/2010

• Counselvise Citation: [2010] 123 COUNSELVISE.COM (IT) 4936 (ITAT-DELHI)
• Duration Of Justice: 5 month(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 17-09-2010
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: misc
• Appeal Filed On: 16-04-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: H K LAL
• Assessee Lawyers: S C GOEL; RAJESH GO EL S

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH B NEW DELHI) BEFORE SHRI RAJPAL YADAV, JUDICIAL MEMBER AND SHRI R.C. SHARMA, ACCOUNTANT MEMBER M.A. NO.208/D/10 (ITA. NO.4300/D/2009) ASSESSMENT YEAR : 2009-10 M/S DEV SHIKSHA SAMITI VS. ASSTT. CIT, SHARBATI SENIOR SECONDARY, CIRCLE-II, PUBLIC SCHOOL, GAUSHALA RD., FARIDABAD MAHENDERGARH PAN NO. (APPLICANT) (RESPONDENT) APPELLANT BY : S/SHRI S.C. GOEL & RAJESH GO EL, ADVOCATES RESPONDENT BY : SHRI H.K. LAL, SR. DR ORDER PER R.C. SHARMA: AM: THIS MISCELLANEOUS APPLICATION IS FILED BY THE ASSE SSEE TO RECALL THE EXPARTE ORDER OF THE TRIBUNAL DATED 15.02.2010. 2. THROUGH THIS PETITION IT WAS CONTENDED BY LEARNE D AR OF THE ASSESSEE THAT ASSESSEE NEVER RECEIVED ANY NOTICE OF APPEARANCE ON THE DATE FIXED FOR HEARING I.E., 06.01.2010 OR 15.0 2.2010, THEREFORE, NOBODY COULD APPEAR ON BEHALF OF THE ASSESSEE. A D ULY SWORN AFFIDAVIT WAS PLACED ON RECORD TO THIS EFFECT. 2 2.1 WE HAVE GONE THROUGH THE PETITION AND THE AFFID AVIT ENCLOSED THEREWITH, WHICH SUFFICIENTLY DEMONSTRATES THAT ASS ESSEE WAS PREVENTED BY SUFFICIENT CAUSE FOR NON APPEARANCE ON THE DATE FIXED FOR HEARING. IN THE INTEREST OF JUSTICE, WE RECAL L THE EXPARTE ORDER AND APPEAL IS DIRECTED TO BE FIXED FOR HEARING ON MERIT ON 15.11.2010. THE DATE WAS PRONOUNCED IN OPEN COURT. 3. IN THE RESULT, MISCELLANEOUS APPLICATION IS ALLO WED. THIS ORDER WAS PRONOUNCED IN OPEN COURT ON 17.09.20 10 SOON AFTER THE CONCLUSION OF THE HEARING. SD/- SD/- ( RAJPAL YADAV ) ( R.C. SHARMA ) JUDICIAL MEMBER ACCOUNTANT ME MBER DT.17.09.2010. NS COPY FORWARDED TO:- 1. M/S DEV SHIKSHA SAMITI, SHARBATI SENIOR SECONDAR Y PUBLIC SCHOOL, GAUSHALA ROAD, MAHENDERGARH. 2. ASSTT. CIT, CIRCLE-II, FARIDABAD. 3. THE CIT 4. THE CIT (A), NEW DELHI. 5. THE DR, ITAT, LOKNAYAK BHAWAN, KHAN MARKET, NEW DELHI. TRUE COPY BY ORDER (ITAT, NEW DELHI).