IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCH A BEFORE SHRI BHAVNESH SAINI, JUDICIAL MEMBER AND SHRI D.C.AGRAWAL, ACCOUNTANT MEMBER DATE OF HEARING : 22/ 01/2010 DRAFTED ON: 2/ 01/2010 MA NOS.324 & 325/AHD/2009 ( ARISING OUT OF ITA NOS.4285/AHD/07 & 4286/AHD/200 7 ) ASSESSMENT YEARS : 2002-03 & 2004-05 RESPECTIVELY M/S.PARLE INTERNATIONAL PVT.LTD. (NOW MERGED WITH PARLE AGRO PVT.LTD.) WESTERN EXPRESS HIGHWAY, CHAKALA, ANDHERI (E) MUMBAI 400 099 VS. THE INCOME TAX OFFICER WARD-5(1) AHMEDABAD PAN/GIR NO. : AAACP 9018 Q (APPLLICANT) .. (RESPONDENT) ASSESSEE BY: SHRI P.M. MEHTA, A.R. REVENUE BY: SMT.NEETA SHAH, SR.D.R. O R D E R PER BHAVNESH SAINI, JUDICIAL MEMBER: WE HAVE HEARD LEARNED REPRESENTATIVES OF BOTH T HE PARTIES. 2. EARLIER, THESE APPEALS OF THE ASSESSEE WERE DISM ISSED FOR DEFAULT BECAUSE NOTICE COULD NOT BE SERVED UPON THE ASSES SEE. SINCE THE APPEALS ARE NOT DECIDED ON MERITS, WE RE-CALL THE EARLIER O RDER OF THE TRIBUNAL DATED 02/06/2009 AND RESTORE THE APPEALS OF THE ASSESSEE TO THEIR ORIGINAL NUMBERS. MA NOS.324 & 325/AHD/2009 (ARISING OUT OF ITA NOS.4285/AHD/07 & 4286/AHD/200 7) M/S.PARLE INTERNATIONAL PVT.LTD. VS. ITO ASST.YEARS 2002-03 & 2004-05 - 2 - 3. THE OFFICE IS DIRECTED TO FIX BOTH THE APPEALS O F THE ASSESSEE FOR FINAL HEARING ON 05 TH APRIL-2010 FOR WHICH NO SEPARATE NOTICE WILL BE ISSUED. 4. AS A RESULT, MISCELLANEOUS APPLICATIONS ARE AL LOWED. ORDER DICTATED AND PRONOUNCED IN THE OPEN COURT ON 22 ND JANUARY-2010. SD/- SD/- ( D.C.AGRAWAL ) ( BHAVNESH SAINI ) ACCOUNTANT MEMBER JUDICIAL MEMB ER AHMEDABAD; DATED 22/01/2010 T.C. NAIR COPY OF THE ORDER FORWARDED TO : 1. THE APPLICANT 2. THE RESPONDENT 3. THE CIT CONCERNED 4. THE LD. CIT(APPEALS)-XI, AHMEDABAD 5. THE DR, AHMEDABAD BENCH 6. THE GUARD FILE. BY ORDER, //TRUE COPY// (DY./ASSTT.REGISTRAR), ITAT, AHMEDABAD