Mr Amit Choudhary, Ghaziabad V. ITO, New Delhi

MA 374/DEL/2019

• Counselvise Citation: [2022] 104 COUNSELVISE.COM (IT) 3993 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 1 month(s) 10 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 09-06-2022
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: D
• Assessment Year: 2010-2011
• Appeal Filed On: 29-04-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘D’, NEW DELHI BEFORE SH. N. K. BILLAIYA, ACCOUNTANT MEMBER AND MS. ASTHA CHANDRA, JUDICIAL MEMBER MA No.374/Del/2019 (In ITA No.2374/Del/2015) Assessment Year: 2010-11 Mr. Amit Choudhary, A-24, Rampuri, Near Surya Nagar Ghaziabad PAN No. Vs. ITO Ward – 39 (3) New Delhi (APPELLAN (RESPONDENT) Appellant None Respondent Ms. Garima Sharma, Sr. DR Date of hearing: 10/06/2022 Date of Pronouncement: 10/06/2022 ORDER PER N.K. BILLAIYA, AM: This Miscellaneous Application by the assessee is directed towards the order of this Tribunal in ITA No. 2374/Del/2015. 2. The assessee strongly contends that the Tribunal has dismissed the appeal in limine for non attendance on the date of hearing. The assessee prays for the recall of the order to be decided on merits of the case. 2 3. We have carefully considered the order of this Tribunal in ITA No.2374/Del.2015 dated 10.04.2019 pertaining to A.Y.2010-11. 4. We find that this Tribunal has dismissed the appeal of the assessee drawing support from the decision of the Tribunal in the case of CIT Vs. Multiplan India Limited 38 ITD 320 (Del). Since, the appeal of the assessee is dismissed in limine, we recall the order of this Tribunal in ITA No.2374/Del/2015 and direct the registry to list the appeal for hearing on 05.09.2022 and issue notice to both the parties. 5. In the result, the miscellaneous application filed by the assessee is allowed. 6. Decision announced in the open court on 10.06.2022. Sd/- Sd/- (ASTHA CHANDRA) (N. K. BILLAIYA) JUDICIAL MEMBER ACCOUNTANT MEMBER *NEHA, Sr. Private Secretary* Date:-10.06.2022 Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI 3 Date of dictation 10.06.2022 Date on which the typed draft is placed before the dictating Member 10.06.2022 Date on which the typed draft is placed before the Other member 10.06.2022 Date on which the approved draft comes to the Sr.PS/PS 10.06.2022 Date on which the fair order is placed before the Dictating Member for Pronouncement 10.06.2022 Date on which the fair order comes back to the Sr. PS/ PS 13.06.2022 Date on which the final order is uploaded on the website of ITAT 13.06.2022 Date on which the file goes to the Bench Clerk 13.06.2022 Date on which file goes to the Head Clerk. The date on which file goes to the Assistant Registrar for signature on the order Date of dispatch of the Order