Mrs. Mohni Bindra, New Delhi V. ACIT, New Delhi

MA 392/DEL/2010

• Counselvise Citation: [2011] 111 COUNSELVISE.COM (IT) 0415 (ITAT-DELHI)
• Duration Of Justice: 6 month(s) 1 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 04-02-2011
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: E
• Assessment Year: 2006-2007
• Appeal Filed On: 02-08-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: H K LAL
• Assessee Lawyers: P N CHAWLA
• Keywords: Reasonable cause

Judgement Text

MA NO.392 IN I.T.A. NO.4663 /DEL/10 1/2 IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH FRIDAY NEW DELHI) BEFORE SHRI RAJPAL YADAV, JUDICIAL MEMBER AND SHRI A.K. GARODIA, ACCOUNTANT MEMBER MISC.APPLICATION NO.392/DEL/10 IN I.T.A. NO.4663 /DEL/2009 ASSESSMENT YEAR : 2006-07 SMT. MOHINI BINDRA, ACIT E-4, GK PART-1, CIRCLE-23, NEW DELHI. NEW DELHI. (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI P.N. CHAWLA, ADVOCATE. RESPONDENT BY : SHRI HK LAL, SR. DR. ORDER PER A.K. GARODIA, AM: THIS MISC. APPLICATION IS FILED BY THE ASSESSEE SEEKING RE CALL OF EX PARTE TRIBUNAL ORDER DATED 25.5.2010. IT HAS BEEN SUB MITTED IN THE MISC. APPLICATION THAT THIS ASSESSEE DID NOT RECEIVE ANY NOTICE OF FIXING OF HEARING. THE ASSESSEE HAS ALSO SUBMITTED AN AFFIDAVIT IN SUPPORT OF THESE CONTENTIONS CONSIDERING THESE FACTS, WE ARE SATISF IED THAT THERE WAS REASONABLE CAUSE FOR NON APPEARANCE OF THE ASSESSEE ON THE APPOINTED DATE OF HEARING. HENCE, AS PER RULE 24 OF THE ITAT RULES, WE RECALL THIS EX PARTE TRIBUNAL ORDER AND FIX THE APPE AL FOR HEARING ON 2.5.2011. SINCE THE DATE OF HEARING WAS PRONOUNCED IN THE OPEN COURT, NO SEPARATE NOTICE OF HEARING IS REQUIRED TO BE ISSUED. 2. IN THE RESULT, THE MISC. APPLICATION OF THE ASSESSEE ST ANDS ALLOWED. MA NO.392 IN I.T.A. NO.4663/DEL/10 2/2 3. ORDER PRONOUNCED IN THE OPEN COURT ON THE DATE O F HEARING I.E. 4 TH FEBRUARY, 2011. SD/- SD/- (RAJPAL YADAV) (A.K. GARODIA ) JUDICIAL MEMBER ACCOUNTANT MEMBER DT. 4 .2.2011. HMS COPY FORWARDED TO:- 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT 4. THE CIT (A)-, NEW DELHI. 5. THE DR, ITAT, LOKNAYAK BHAWAN, KHAN MARKET, NEW DEL HI. TRUE COPY. BY ORDER (ITAT, NEW DELHI).