G & T Resources (Europe) Ltd., New Delhi V. ADIT, Dehradun

MA 36/DEL/2018

• Counselvise Citation: [2022] 104 COUNSELVISE.COM (IT) 5110 (ITAT-DELHI)
• Duration Of Justice: 4 year(s) 26 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 24-02-2022
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Assessment Year: 2004-2005
• Appeal Filed On: 29-01-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: ROLLY CHAUBEY

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘C’, NEW DELHI BEFORE SH. ANIL CHATURVEDI, ACCOUNTANT MEMBER AND SH. AMIT SHUKLA, JUDICIAL MEMBER (THROUGH VIDEO CONFERENCING) MA No. 36/Del/2018 (in ITA No.5553/Del/2012) (for Assessment Year : 2004-05) G & T Resources (Europe) Ltd., C/o. F-04 & 05, Triveni Commercial Complex, Sheikh Sarai, Phase – I, New Delhi - 1100017 PAN No. AABCG 9877 F Vs. ADIT International Taxation Dehradun (APPELLANT) (RESPONDENT) Assessee by Ms. Rolly Chaubey, C.A. Revenue by Shri Sanjay Kumar, Sr. D.R. Date of hearing: 25.02.2022 Date of Pronouncement: 25.02.2022 ORDER PER ANIL CHATURVEDI, AM : By this Misc. Application (MA) the Assessee has urged for recalling of the ex-parte order of Tribunal in ITA No. 5553/Del/2012 dated 31.07.2017. 2 2. Through the M.A., it is submitted that Assessee had made written submissions for consideration but however the same were not considered and the ex-parte order was passed for non- appearance. The ld. A.R. before us further submitted that the orders be recalled and further gave an undertaking to represent the case on the date fixed for hearing and assist in disposal of the appeals. He therefore requested that the ex-parte order be recalled. 3. The Ld. D.R. on the other hand did not object to the request of the Assessee. 4. We have heard the rival submissions and perused the material on record. Considering the submissions and undertaking given by the Ld. Counsel for the Assessee, we recall the ex-parte Tribunal in ITA No. 5553/Del/2012 order dated 31.07.2017 and direct the Registry to fix the appeal for hearing on 04.05.2022. Both parties were informed in Court and the notice of hearing was dispensed with the consent of both parties. Since the date of hearing was pronounced in the Open Court, no separate notice is required to be issued. 3 6. In the result, Misc. Application of the assessee is allowed. Order pronounced in the open court on 25.02.2022, immediately after conclusion of the hearing of the matter in virtual mode. Sd/- Sd/- (AMIT SHUKLA) (ANIL CHATURVEDI) JUDICIAL MEMBER ACCOUNTANT MEMBER Date:- 25.02.2022 PY* Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI