M/s. Gunjan Foundation, New Delhi V. DCIT, New Delhi

MA 210/DEL/2010

• Counselvise Citation: [2010] 123 COUNSELVISE.COM (IT) 5231 (ITAT-DELHI)
• Duration Of Justice: 6 month(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 01-10-2010
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: Not Allotted
• Assessment Year: misc
• Appeal Filed On: 31-03-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: BANITA DEVI

Judgement Text

MA NO. 210/DEL/2010 (IN ITA NO. 3974/DEL/07) A.Y. 2003-04 IN THE INCOME TAX APPELATE TRIBUNAL DELHI BENCH FRIDAY: NEW DELHI BEFORE SHRI RAJPAL YADAV, JUDICIAL MEMBER AND SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER MISC. APPLICATION NO. 210/DEL/2010 [IN I.T.A. NO. 3974/DEL/2007] A.Y. : 2003-04 M/S GUNJAN FOUNDATION, 201, S-5, GREATER KAILASH-I, NEW DELHI (PAN: AAAAG3205E) VS. DIRECTOR OF INCOME TAX (E), PLOT NO. 15, 3 RD FLOOR, AAYAKAR BHAVAN, LAXMI NAGAR, DISTRICT CENTRE, DELHI (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI R.S. SINGHVI, CA DEPARTMENT BY : MS. BANITA DEVI O R D E R PER SHAMIM YAHYA : AM BY WAY OF THIS MISC. APPLICATION THE ASSESSEE SEEK S RECALL OF ORDER OF THIS TRIBUNAL IN ITA NO. 3974/DEL/2007 DATED 02. 03.2010. 2. IN THE ABOVE ASSESSEE APPEAL THE CASE WAS DISMI SSED FOR NON- PROSECUTION AS NONE HAS REPRESENTED THE ASSESSEE ON THE DATE OF HEARING. 3. NOW BY WAY OF THIS MISC. APPLICATION ASSESSEE IS URGING THAT THE NOTICE FOR HEARING WAS NOT SERVED UPON THE ASSESSEE FOR THIS AN AFFIDAVIT HAS ALSO BEEN FILED. 4. WE HAVE HEARD BOTH THE COUNSEL AND PERUSED THE R ECORDS. MA NO. 210/DEL/2010 (IN ITA NO. 3974/DEL/07) A.Y. 2003-04 5. UPON CAREFUL CONSIDERATION WE RECALL OUR AFORESA ID EX-PARTE ORDER. REGISTRY IS DIRECTED TO FIX THE CASE FOR HEARING ON 18.11.2010. BOTH THE PARTIES INFORMED. 6. IN THE RESULT, MISC. APPLICATION FILED BY THE AS SESSEE STANDS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT TODAY ON 01.10.2 010 UPON CONCLUSION OF THE HEARING. SD/- SD/- [RAJPAL YADAV] [SHAMIM YAHYA] JUDICIAL MEMBER ACCOUNTANT MEM BER DATE: 01/10/2010 SRB COPY FORWARDED TO: 1. ASSESSEE 2. RESPONDENT 3. CIT 4. CIT (A) 5. DR, ITAT TRUE COPY BY ORDER, DEPUTY REGISTRAR, ITAT, DELHI BENCH 2