Rekha Rstogi, New Delhi V. ITO, New Delhi

MA 290/DEL/2011

• Counselvise Citation: [2012] 123 COUNSELVISE.COM (IT) 8024 (ITAT-DELHI)
• Duration Of Justice: 9 month(s) 7 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 11-05-2012
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: F
• Assessment Year: 2004-2005
• Appeal Filed On: 03-08-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: VIKAS K SURYAWANSHI SENIOR
• Assessee Lawyers: PANKAJ DADU

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH F : NEW DELHI) BEFORE SHRI R.P. TOLOANI, JUDICIAL MEMBER AND SHRI B.C. MEENA, ACCOUNTANT MEMBER MA NO.290/DEL/2011 (IN ITA NO.1000/DEL./2011) (ASSESSMENT YEAR : 2006-07) SMT. REKHA RASTOGI, VS. ITO, WARD 20 (1), J-13/37, RAJOURI GARDEN, NEW DELHI. NEW DELHI. (PAN : AGOPK8118P) (APPLICANT) (RESPONDENT) APPLICANT/ASSESSEE BY : SHRI PANKAJ DADU, CA REVENUE BY : SHRI VIKAS K. SURYAWANSHI, SENIOR DR ORDER PER B.C. MEENA, ACCOUNTANT MEMBER : BY THIS APPLICATION, THE ASSESSEE SEEKS RECALL OF THE ORDER WHICH WAS DISPOSED OF EX-PARTE VIDE ORDER DATED 21.04.2011 BY INVOKING THE ORDER IN THE CASE OF MULTIPLAN INDIA LIMITED (38 ITD 320). 2. IN THE PETITION, THE ASSESSEE SUBMITTED THAT, D UE TO SOME UNAVOIDABLE CIRCUMSTANCES, I COULD NOT ATTEND THE HEARING ON 19 .04.2011. IN VIEW OF THE SUBMISSIONS MADE IN THE MISC. APPLICATION, IT WAS P RAYED THAT THE ORDER OF THE TRIBUNAL MAY BE RECALLED AND THE MISC. APPLICATION MAY BE ALLOWED. MA NO.290/DEL/2011 (IN ITA NO.1000/DEL./2011) 2 3. IN THE CIRCUMSTANCES, WE ARE OF THE OPINION THAT THE ASSESSEE WAS PREVENTED BY SUFFICIENT CAUSE IN ATTENDING THE HEAR ING OF THE CASE AND IT IS A FIT CASE FOR RECALLING THE ORDER. WE ORDER ACCORDINGLY AND DIRECT THE REGISTRY TO FIX THE APPEAL FOR FRESH HEARING FOR 10.07.2012. A S THE SAID DATE OF HEARING WAS INTIMATED AT THE TIME OF HEARING, THE ISSUANCE OF NOTICE IS DISPENSED WITH. 4. IN THE RESULT, THE MISC. APPLICATION IS ALLOWED. ORDER PRONOUNCED IN OPEN COURT ON THIS 11 TH DAY OF MAY, 2012 AFTER CONCLUSION OF THE HEARING. SD/- SD/- (R.P. TOLANI) (B.C. MEENA) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED THE 11 TH DAY OF MAY, 2012/TS COPY FORWARDED TO: 1.APPELLANT 2.RESPONDENT 3.CIT 4.CIT(A)-XXIV, NEW DELHI. 5.CIT(ITAT), NEW DELHI. AR, ITAT NEW DELHI.