Krishan Kumar, Aligarh V. ITO WARD - 3(2), Bulandshahr

MA 287/DEL/2022

• Counselvise Citation: [2024] 101 COUNSELVISE.COM (IT) 7377 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 7 month(s) 11 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 06-05-2024
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Next Hearing Date: 02-05-2024
• Assessment Year: 2009-2010
• Appeal Filed On: 25-09-2022
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: RAJIV BANSAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘SMC’ : NEW DELHI BEFORE SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER MA No.287/Del/2022 (in ITA No.1157/DEL/2020) (Assessment Year: 2009-10) Krishan Kumar, vs. ITO, Ward 3 (2), HIG-1, A – 42, Swarn Jayanti Nagar, Bulandshahr. Ram Ghat Road, Aligarh (Uttar Pradesh). (PAN : ACVPK6982E) (APPLICANT) (RESPONDENT) APPLICANT/ASSESSEE BY : Shri Rajiv Bansal, CA REVENUE BY : Shri Anuj Garg, Sr. DR Date of Hearing : 03.05.2024 Date of Order : 07.05.2024 ORDER PER SHAMIM YAHYA, ACCOUNTANT MEMBER : By way of this misc. application, applicant/assessee seeks recall of ex- parte order passed by the Tribunal in ITA No.1157/Del/2020 for the Assessment Year 2009-10 vide order dated 31.03.2022. 2. We have heard both the parties and perused the records. Ld. counsel for the assessee submitted that assessee has given the adjournment request but it had escaped the attention of the Bench and the ex-parte order was passed. Ld. counsel for the assessee prayed that order may be recalled to give a chance to properly canvass the appeal. 2 MA No.287/DEL/2022 3. Upon careful consideration and in the interest of justice, I recall this order. The registry is directed to fix the case in normal course. 4. In the result, the misc. application filed by the assessee is allowed. Order pronounced in the open court on this 7 th day of May, 2024. Sd/- (SHAMIM YAHYA) ACCOUNTANT MEMBER Dated the 7 th day of May, 2024 TS Copy forwarded to: 1.Appellant 2.Respondent 3.CIT 4.CIT (A). 5.CIT(ITAT), New Delhi. AR, ITAT NEW DELHI.