M/S. Arif Industries Ltd., Lucknow V. Dy. Commissioner Of Income Tax-I, Lucknow

MA 3/LKW/2013

• Counselvise Citation: [2013] 124 COUNSELVISE.COM (IT) 0586 (ITAT-LUCKNOW)
• Duration Of Justice: 3 month(s) 23 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 28-06-2013
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Next Hearing Date: 07-06-2013
• Assessment Year: 2006-2007
• Appeal Filed On: 07-03-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ALOK MITRA
• Assessee Lawyers: RAJEEV JOSHI F

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL LUCKNOW BENCH A : LUCKNOW BEFORE SHRI SUNIL KUMAR YADAV, JUDICIAL MEMBER AND SHRI PRAMOD KUMAR, ACCOUNTANT MEMBER M. A. NO. 03 /LKW/ 2013 (ARISING OUT OF I.T.A. NO.60/LKW/2010) ASSESSMENT YEAR: 2006 - 07 M/S ARIF INDUSTRIES LTD., VS. DY. C.I.T. - I, 28, NEWAL KISHORE ROAD, LUCKNOW. LUCKNOW. PAN:AACCA2048M (APP LICANT ) (RESPONDENT) APP LICANT BY : SHRI RAJEEV JOSHI, F.C.A. RESPONDENT BY : SHRI ALOK MITRA, D.R. DATE OF HEARING : 07 /0 6 /201 3 DATE OF P RONOUNCEMENT :28/06/2013 ORDER PER SUNIL KUMAR YADAV: THIS MISC. APPLICATION IS PREFERRED ON BEHALF OF THE ASSESSEE AGAINST THE ORDER OF THE TRIBUNAL DATED 9 TH MARCH, 2010 THROUGH WHICH THE APPEAL OF THE ASSESSEE WAS DISMIS SED, WITH THE SUBMISSIONS THAT ASSESSEE COULD NOT APPEAR ON THE DATE FIXED DUE TO THE FACT THAT THE NOTICE OF HEARING WAS NOT RECEIVED BY THE ASSESSEE. IN SUPPORT OF HIS CONTENTION, THE ASSESSEE HAS ALSO FILED AN AFFIDAVIT. FINDING FORCE IN THE CONTENTION OF THE ASSESSEE, WE RECALL OU R ORDER DATED 9 TH MARCH, 2010 AND DIRECT THE REGISTRY TO FIX THE APPEAL FOR HEARING ON 10/ 07/2013. 4. IN THE RESULT, THE MISC. APPLICATION OF THE ASSESSEE IS ALLOWED. (ORDER PRONOUNCED IN THE OPEN COURT ON 28/06/2013 ) SD/. SD/. (PRAMOD KUMAR) (SUNIL KUMAR YADAV ) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 28/06/2013 *SINGH 2 COPY FORWARDED TO THE: 1. APPELLANT. 2. RESPONDENT. 3. CIT (A) 4. CIT 5. DR. ASSISTANT REGISTRAR