Indian Drugs & Pharmaceuticals Ltd., V. ACIT, Ward-11(3),

MA 221/DEL/2010

• Counselvise Citation: [2010] 123 COUNSELVISE.COM (IT) 4706 (ITAT-DELHI)
• Duration Of Justice: 3 month(s) 7 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 23-07-2010
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: G
• Assessment Year: 2002-2003
• Appeal Filed On: 15-04-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: MANISH GUPTA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH : FRIDAY (G) : NEW DELHI BEFORE SHRI I.P. BANSAL, JUDICIAL MEMBER AND SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER M.A NO. 221/DEL/2010 (ITA NO.1159/DEL/06) ASSESSMENT YEAR : 2002-03 M/S INDIAN DRUGS & PHARMACEUTICALS LTD. IDPL COMPLEX, DUNDAHERA, DELHI GURGAON ROAD, GURGAON. VS. ASSTT. COMMISSIONER OF INCOME TAX WARD 11 (3), NEW DELHI. (APPLICANT) (RESPONDENT) APPLICANT BY : SHRI VED JAIN, CA RESPONDENT BY : SHRI MANISH GUPTA, SR. DR O R D E R PER I.P. BANSAL, JUDICIAL MEMBER: THE ABOVE MENTIONED MISCELLANEOUS APPLICATION HAS BEEN FILED BY THE ASSESSEE WHEREIN IT IS REQUESTED THAT THE ORDER OF THE TRIBUNAL DATED 30 TH NOVEMBER, 2007 PASSED IN ITA NO.1159/DEL/2006 BE RE CALLED AS THE APPEAL FILED BY THE ASSESSEE WAS DISMISSED FOR WANT OF COD APPRO VAL. IT IS MENTIONED IN THE APPLICATION THAT NOW THE ASSESSEE HAS RECEIVED APPR OVAL OF COD VIDE ORDER DATED 20 TH AUGUST, 2009, ITEM NO.13 WHEREIN THE ASSESSEE HAS BEEN PERMITTED TO CONTEST THE PRESENT APPEAL. COPY OF THE ORDER OF C OD HAS BEEN PLACED ON RECORD. IT IS ALSO OBSERVED THAT WHILE DISMISSING THE APPEAL FILED BY THE ASSESSEE FOR WANT OF COD APPROVAL, LIBERTY WAS GIVEN TO THE APPELLANT TO SEEK REVIVAL OF THE PRESENT APPEAL IN CASE THE ASSESSEE IS ABLE TO OBTA IN CLEARANCE FROM COD ON A LATER DATE. MA NO.221/DEL/2010 2 2. IN THIS VIEW OF THE SITUATION, AFTER HEARING BOT H THE PARTIES, AS THE COD HAS PERMITTED TO PURSUE THE PRESENT APPEAL, WE RECALL OUR ORDER DATED 30 TH NOVEMBER, 2007 AND RESTORE THE APPEAL FILED BY THE ASSESSEE FOR HEARING ON MERITS. THE APPEAL WILL BE HEARD ON MERITS ON 16 TH NOVEMBER, 2010. 3. IN THE RESULT, THE MISCELLANEOUS APPLICATION FIL ED BY THE ASSESSEE IS ALLOWED IN THE MANNER AFORESAID. THE ORDER PRONOUNCED IN THE OPEN COURT ON 23.07.201 0. SD/- SD/- [SHAMIM YAHYA] [I.P. BANSAL] ACCOUNTANT MEMBER JUDICIAL MEMBER DATED, 23.07.2010. DK COPY FORWARDED TO: - 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR, ITAT TRUE COPY BY ORDER, DEPUTY REGISTRAR, ITAT, DELHI BENCHES