M/s. F.C. Sondhi & Company (India) P.Ltd., Jalandhar V. The Assistant Commissioner of Income Tax, Jalandhar

MA 22/ASR/2014

• Counselvise Citation: [2014] 124 COUNSELVISE.COM (IT) 1578 (ITAT-AMRITSAR)
• Duration Of Justice: 2 month(s) 19 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 28-03-2014
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Assessment Year: 2003-2004
• Appeal Filed On: 08-01-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: AMRIK CHAND

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AMRITSAR BENCH; AMRITSAR. BEFORE SH. H.S. SIDHU, JUDICIAL MEMBER AND SH. B.P. JAIN, ACCOUNTANT MEMBER M.A. NOS. 22 & 23(ASR)/2014 [IN I.T.A. NOS. 124 & 125(ASR)/2009] ASSESSMENT YEARS: 2003-04 & 2004-05 PAN: AAACF2771Q M/S F.C. SONDHI & CO. (INDIA) P. VS. ADDITION AL COMMISSIONER LTD. G.T. ROAD, SURANASSI, OF INCOME TAX, RANGE-1, JALANDHAR JALANDHAR (APPELLANT) (RESPONDENT) APPELLANT BY: SH. SANDEEP VIJH, CA RESPONDENT BY: SH. AMRIK CHAND, DR DATE OF HEARING: 28.03.2014 DATE OF PRONOUNCEMENT: 28.03.2014 ORDER PER BENCH 1) THE ASSESSEE HAS FILED PRESENT TWO MISCELLANEOUS APPLICATIONS FOR RECALLING OF THE ORDER DATED 24.12.2010 PASSED BY THIS BENCH IN I.T.A. NOS. 124 & 125(ASR)/2009 AND IN SOME OTHER APPEALS. 2) WE HAVE HEARD BOTH THE PARTIES AND PERUSED THE RE LEVANT RECORDS AVAILABLE WITH US, ESPECIALLY THE CONTENTIONS RAISE D BY THE ASSESSEE IN THE PRESENT MISCELLANEOUS APPEALS AS WELL THE ORDER PAS SED BY THIS BENCH DATED 24.12.2010 ON THE ISSUE RAISED BY ASSESSEE AN D WE ARE OF THE VIEW THAT THE ASSESSEE HAS GIVEN SUFFICIENT EXPLANATION FOR RECALLING OF THE ORDER DATED 24.12.2010. THEREFORE, IN THE INTEREST OF JUSTICE, WE RECALL THE ORDER DATED 24.12.2010 PASSED IN ITA NOS. 124 & 125 (ASR)/2009. 2 M.A. NOS. 22 & 23(ASR)/2014 3) BOTH THE PARTIES AGREED THAT THE ISSUE IN DISPUT E HAS ALREADY BEEN DECIDED BY THIS BENCH AND THEY REQUESTED THAT THE MAIN APPEAL I.E. I.T.A. NOS. 124 & 125(ASR)/2009 MAY BE HEARD TODAY I.E. 28.03.2014 AND MAY ALSO BE DECIDED ACCORDING TO LAW AND ACCORDING TO THE DECISION OF THIS BENCH DATED 23.07.2013 PASSED IN I.T.A. NO. 74 (ASR)/2009 IN THE CASE OF M/S MAYOR & CO., JALANDHAR VS. DY. COMMISSI ONER OF INCOME TAX, RANGE-1, JALANDHAR. ACCORDINGLY, WE ACCEPT THE REQUEST OF BOTH THE PARTIES AND FIX THE MAIN APPEALS I.E. 124 & 125(ASR )/2009 FILED BY THE ASSESSEE FOR HEARING TODAY ITSELF I.E. 28.03.2014. 4) IN THE RESULT, BOTH THE MISCELLANEOUS APPLICATIO NS ARE ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 28 TH MARCH, 2014 SD/./- SD/./- (B.P. JAIN) (H.S. SIDHU) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 28 TH MARCH, 2014 /RK/ COPY OF THE ORDER FORWARDED TO: 1. THE ASSESSEE: M/S F.C. SONDHI & CO. (INDIA) P. LT D. G.T. ROAD, SURANASSI, JALANDHAR 2. ADDITIONAL COMMISSIONER OF INCOME TAX, RANGE-1, JAL ANDHAR 3. THE CIT(A), 4. THE CIT, 5. THE SR DR, I.T.A.T., TRUE COPY BY ORDER (ASSISTANT REGISTRAR) INCOME TAX APPELLATE TRIBUNAL, AMRITSAR BENCH: AMRITSAR.