M/s. Trumboo Cement Industries P.Ltd., Srinagar V. The Deputy Commissioner of Income Tax, Srinagar

MA 3/ASR/2014

• Counselvise Citation: [2014] 124 COUNSELVISE.COM (IT) 1579 (ITAT-AMRITSAR)
• Duration Of Justice: 3 month(s) 17 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 28-03-2014
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Next Hearing Date: 28-03-2014
• Assessment Year: 2009-2010
• Appeal Filed On: 11-12-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: AMRIK CHAND
• Assessee Lawyers: P K MISRA

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. NO. 03(ASR)/2014 [IN I.T.A. NO. 489 (ASR)/2013] ASSESSMENT YEAR: 2009-10 PAN: AABCT3414F M/S TRUMBOO CEMENT INDUSTRIES VS. DEPUTY COMMISSIO NER OF PVT. LTD., JAVIDAN BUILDING, INCOME TAX, CIRCLE- 3, 156-C, NEAR POST OFFICE, SRINAGAR RAJBAGH SRINAGAR (APPELLANT) (RESPONDENT) APPELLANT BY: SH. P.K. MISRA, 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 THE PRESENT MISCELLANEOUS APPLICATION FOR RECALLING OF THE ORDER DATED 11.10.2013, WHEREBY TH IS BENCH HAD DISMISSED THE APPEAL OF THE ASSESSEE I.E. I.T.A. NO . 489(ASR) OF 2013, PERTAINING TO ASSESSMENT YEAR 2009-10 IN LIMINE, BE ING DEFECTIVE. 2) AT THE TIME OF HEARING, LEARNED COUNSEL FOR THE ASSESSEE STATED THAT THE DEFECT POINTED OUT BY THE REGISTRY IN THE MAIN APPEAL HAS BEEN REMOVED AND REQUESTED THAT THE ORDER DATED 11.10.20 13 MAY BE RECALLED AND THE MAIN APPEAL MAY BE HEARD ON MERIT. 3) LEARNED DR HAS NOT RAISED ANY OBJECTION ON THE REQUEST OF LEARNED COUNSEL FOR THE ASSESSEE. 2 4) WE HAVE HEARD BOTH THE PARTIES AND PERUSED THE R ECORDS AVAILABLE WITH US, AND WE ARE OF THE VIEW THAT THE ASSESSEE HAS RECTIFIED THE DEFECT AS POINTED OUT BY THE REGISTRY IN THE MA IN APPEAL, THUS, THE ORDER DATED 11.10.2013 DESERVES TO BE RECALLED. THE REFORE, IN THE INTEREST OF JUSTICE, WE RECALL THE ORDER DATED 11.10.2013 AN D THE REGISTRY IS DIRECTED TO FIX THE MAIN APPEAL I.E. I.T.A. NO. 489 (ASR)/2013 ON 12.05.2014. THERE IS NO NEED TO ISSUE NOTICE TO THE PARTIES AS THE ORDER HAS BEEN PRONOUNCED IN THE OPEN COURT. 5) IN THE RESULT, THE MISCELLANEOUS APPLICATION FIL ED BY THE ASSESSEE IS 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 TRUMBOO CEMENT INDUSTRIES PVT. L TD., JAVIDAN BUILDING, 156-C, NEAR POST OFFICE, RAJBAGH SRINAGAR 2. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-3, SRINA GAR 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.