HINDUSTAN ANTIBIOTICS LTD, Pune V. DCIT,Cir.8, Pune

MA 36/PUN/2010

• Counselvise Citation: [2011] 123 COUNSELVISE.COM (IT) 6086 (ITAT-PUNE)
• Duration Of Justice: 1 year(s) 1 month(s) 18 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 07-01-2011
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: Not Allotted
• Assessment Year: misc
• Appeal Filed On: 19-11-2009
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: HARESHWAR SHARMA
• Assessee Lawyers: A N KOTHARI

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH A , PUNE BEFORE SHRI I.C. SUDHIR (JM) AND SHRI G.S. PANNU (AM) M.A. NO. 36 /PN/20 1 0 (ARISING OUT OF ITA NO S . 878 TO 880 /PN/20 08 & ITA NOS. 751 TO 753/PN/2008 ) ( ASSTT. YEAR S : 200 1 - 02 TO 2005 - 06 ) HIND USTAN ANTIBIOTICS LIMITED , MUMBAI PUNE ROAD, PIMPRI, PUNE 18 PAN : AAACH 5155L .. APPLICANT V. DY. CIT, CIRCLE - 8, PUNE . RESPONDENT APP LICANT BY : SHRI A.N. KOTHARI RESPONDENT BY : SHRI HARESHWAR SHARMA ORDER PER I.C. SUDHIR J M THRO UGH PRESENT APPLICATION, THE APPLICANT HAS PRAYED RESTORATION OF HEARING OF APPEALS (ITA NOS. 878 TO 880/PN/ 2008 AND 751 TO 753/PN/2008 AS PER ORDER DATED 31.12.2008 THEREIN. THE LD. A.R POINTED OUT THAT IN THE MEANWHILE THE APPLIC A NT VIDE ORDER DATED 3. 9.2009 HAS GOT COD PERMISSION TO PREFERRED THE ABOVESTATED APPEALS. THESE APPEALS WERE DISMISSED BY THE TRIBUNAL FOR WANT OF JURISDICTION IN ABSENCE OF COD PERMISSION BUT WITH LIBERTY TO THE APPELLANT TO MOVE APPLICATION FOR RESTORATION OF THESE APPEALS ON RECEIPT OF COD PERMISSION. 2. SINCE THE APPLICANT VIDE LETTER DATED 3.9.2009 HAS GOT COD PERMISSION TO PURSUE PRESENT APPEALS, COPY SUPPLIED, WE AS DIRECTED ON 31.12.2008 , RESTORE THE APPEALS FOR HEARING. THE REGISTRY IS DIRECTED ACCORDINGLY TO FIX TH E APPEAL FOR HEARING ON 0 2 .03.2011. THE PARTIES HAVE NOTED THE DATE PRONOUNCED. 3. APPLICATION IS ACCORDINGLY ALLOWED. M.A. NO 36 /PN/20 10 HINDUSTAN ANTIBIOTICS LTD... A.Y. 2001 - 02 TO 2005 - 06 PAGE OF 2 2 THE ORDER IS PRONOUNCED IN THE OPEN COURT ON 7 TH JANUARY 201 1 . SD/ - SD/ - ( G.S. PANNU ) ACCOUNTANT MEMBER ( I.C. SUDHIR ) JUDICIAL MEMBER PUNE , DATED THE 4 TH MARCH , 20 1 1 US COPY OF THE ORDER IS FORWARDED TO : 1. THE A PP LICANT 2. THE RESPONDENT 3. THE CIT V , PUNE 4. THE CIT(A) - III , PUNE 5. THE D.R. A BENCH, PUNE 6. GUA RD FILE BY ORDER ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL PUNE