Gaekwad Plantations Ltd., Baroda V. The Income tax Officer, Ward-1(2), Baroda

MA 297/AHD/2009

• Counselvise Citation: [2010] 123 COUNSELVISE.COM (IT) 4204 (ITAT-AHMEDABAD)
• Duration Of Justice: 4 month(s) 27 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 22-01-2010
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: D
• Assessment Year: 2002-2003
• Appeal Filed On: 26-08-2009
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: NEETA SHAH
• Assessee Lawyers: M J SHAH

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCH D BEFORE SHRI BHAVNESH SAINI, JUDICIAL MEMBER AND SHRI D.C.AGRAWAL , ACCOUNTANT MEMBER DATE OF HEARING : 22/01/2010 DRAFTED ON: 22/0 1/2010 MA NO.297/AHD/2009 ( ARISING OUT OF ITA NO.2717/AHD/2006 ) ASSESSMENT YEAR : 2002-03 GAEKWAD PLANTATIONS LTD. 404, PARADISE COMPLEX SAYAJIGUNJ, VADODARA VS. THE INCOME TAX OFFICER WARD-1(2) VADODARA PAN/GIR NO. : AAACG 7786 L (APPLLICANT) .. (RESPONDENT) APPLICANT BY : SHRI M.J. SHAH, A.R. RESPONDENT BY: SMT. NEETA SHAH, SR.D.R. O R D E R PER D.C. AGRAWAL, ACCOUNTANT MEMBER:- AFTER HEARING BOTH THE PARTIES, WE FIND THAT THE APPEAL OF THE ASSESSEE WAS DISMISSED BY THE TRIBUNAL FOR DEFAULT BECAUSE NOTIC E COULD NOT BE SERVED UPON THE ASSESSEE. SINCE THE APPEAL IS NOT DECIDED ON MERITS AND THE NOTICE WAS NOT SERVED UPON THE ASSESSEE, WE RE-CALL THE EARLIER OR DER OF THE TRIBUNAL DATED 12/06/2009. THE REGISTRY IS DIRECTED TO FIX THE AP PEAL FOR HEARING ON 6 TH APRIL- 2010. 2. AS A RESULT, MISCELLANEOUS APPLICATION IS ALLO WED. ORDER DICTATED AND PRONOUNCED IN THE OPEN COURT ON 22 ND JANUARY-2010. SD/- SD/- ( BHAVNESH SAINI) ( D.C .AGRAWAL ) JUDICIAL MEMBER ACCOUNTANT MEMB ER AHMEDABAD; DATED 22/01/2010 T.C. NAIR COPY OF THE ORDER FORWARDED TO : 1. THE APPLICANT. 2. TH E RESPONDENT. 3. THE CIT CONCERNED. 4. THE LD. CIT(APPEALS)-I, BARODA 5. THE DR, AHMEDABAD BENCH. 6. THE GUARD FILE. BY ORDER, //TRUE COPY// (DY./ASSTT.REGISTRAR), ITAT, AHMEDABAD