A.C.I.T., -3, Mathura V. M/s Brijbasi Hi-tech Udyog Ltd., Mathura

MA 22/AGR/2012

• Counselvise Citation: [2012] 123 COUNSELVISE.COM (IT) 8864 (ITAT-AGRA)
• Duration Of Justice: 1 month(s) 18 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 28-09-2012
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: DB
• Assessment Year: 2005-2006
• Appeal Filed On: 09-08-2012
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: K K MISHRA JR D R SHRI N C AGA
• Assessee Lawyers: E PASS MATHURA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, AGRA BENCH, AGRA BEFORE : SHRI BHAVNESH SAINI, JUDICIAL MEMBER AND SHRI A.L. GEHLOT, ACCOUNTANT MEMBER M.A. NO. 22/AGRA/2012 (IN ITA NO. 188/AGRA/2010) ASSTT. YEAR : 2005-06 A.C.I.T.-3, MATHURA VS. M/S. BRIJBASI HI-TECH UDY OG LTD., AGRA DELHI BYE PASS, MATHURA. (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI K.K. MISHRA, JR. D.R. RESPONDENT BY : SHRI N.C. AGARWAL, C.A. DATE OF HEARING : 28.09.2012 DATE OF PRONOUNCEMENT OF ORDER : 28.09.2012 ORDER PER BENCH : THE RECORD REVEALS THAT THE DEPARTMENTAL APPEAL IN ITA NO. 188/AGRA/2010 WAS DISMISSED BY THE TRIBUNAL VIDE ORDER DATED 15.1 1.2011 BECAUSE THE GROUNDS OF APPEAL WERE NOT SIGNED BY THE AO. THE DEPARTMENT WA S GIVEN LIBERTY TO REMOVE THE DEFECT AND TO FILE APPLICATION FOR RECALLING OF THE ORDER. NOW, THE DEPARTMENT HAS FILED THE PRESENT M.A. AND HAS FILED THE GROUNDS OF APPEAL DULY SIGNED BY THE AO. THE LD. COUNSEL FOR THE ASSESSEE HAS NO OBJECTION O N RECALLING OF THE EARLIER ORDER OF THE TRIBUNAL. CONSIDERING ALL THESE FACTS, THE E ARLIER ORDER OF THE TRIBUNAL DATED 15.11.2011 IS RECALLED AND THE DEPARTMENTAL APPEAL IS RESTORED. THE SAME IS M.A. NO. 22/AGRA/2012 2 DIRECTED TO BE FIXED FOR HEARING ON MERIT ON 21.11. 2012, FOR WHICH NO SEPARATE NOTICE SHALL BE ISSUED TO THE PARTIES. 2. IN THE RESULT, THE M.A. OF THE REVENUE IS ALLOWE D. ORDER PRONOUNCED IN THE OPEN COURT ON 28.09.2012. 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 SR. PRIVATE SECRETARY TRUE COPY