M/s Bravo Sponge Iron Pvt. Ltd., Kolkata V. CIT, KOLKATA-1, Kolkata

MA 46/KOL/2015

• Counselvise Citation: [2015] 124 COUNSELVISE.COM (IT) 3692 (ITAT-KOLKATA)
• Duration Of Justice: 4 month(s) 24 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 06-11-2015
• Appeal Filed By: Assessee
• Bench Allotted: A
• Next Hearing Date: 18-09-2015
• Assessment Year: 2009-2010
• Appeal Filed On: 12-06-2015
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH: KOL KATA [BEFORE SHRI MAHAVIR SINGH, JM & SHRI M. BALAGANES H, AM] M. A. NO. 46/KOL/2015 IN I.T.A NO. 783/KOL/2014 ASSESSMENT YEAR: 2009-10 M/S. BRAVO SPONGE IRON PVT. LTD. VS. COMMISSIONE R OF INCOME-TAX-1, (PAN: AACCB5058J) KOLKATA. ( APPLICANT ) ( RESPONDENT ) DATE OF HEARING : 06.11.2015 DATE OF PRONOUNCEMENT: 06.11.2015 FOR THE APPLICANT: SHRI M. SATNALIWALA, FCA FOR THE RESPONDENT: SMT. RANU BISWAS, JCIT, SR. DR ORDER PER MAHAVIR SINGH, JM: BY THIS MISCELLANEOUS APPLICATION, THE ASSESSEE HAS SOUGHT FOR SETTING ASIDE THE EX PARTE ORDER PASSED BY THE TRIBUNAL IN ITA NO. 783/KOL/20 14 DATED 13/05/2015 FOR ASSESSMENT YEAR 2009-10 AND FOR ADMISSION OF THE SA ME FOR HEARING ON MERITS. 2. THE TRIBUNAL VIDE ITS ORDER DATED 21.04.2015 DIS POSED OF THE APPEAL EX PARTE QUA THE ASSESSEE AND DISMISSED THE SAME FOR NON-PROSECU TION. 3. THE ASSESSEE HAS NOW MOVED A MISC. PETITION AND STATED THAT ASSESSEE HAD NOT RECEIVED ANY NOTICE OF HEARING THOUGH ORDER WAS REC EIVED ON THE SAME ADDRESS. TO THAT EFFECT ASSESSEE ALSO FILED AN AFFIDAVIT. HENCE, THE ASSESSEE/APPLICANT HAS PRAYED THAT THE ORDER PASSED ON 13.05.2015 MAY BE RECALLED FOR PASS ING A FRESH ORDER ON MERIT. IN THIS VIEW OF THE MATTER AND NO OBJECTION ON BEHALF OF TH E LD. SR. DR, WE RECALL THIS ORDER OF THE TRIBUNAL DATED 13.05.2015 AND ADMIT THE APPEAL FOR FRESH HEARING. REGISTRY IS DIRECTED TO FIX THE APPEAL IN DUE COURSE UNDER INTIMATION TO BO TH THE PARTIES. 4. IN THE RESULT, MISC. APPLICATION OF ASSESSEE IS ALLOWED. ORDER IS PRONOUNCED IN THE OPEN COURT. SD/- SD/- (M. BALAGTANESH) (MAHAVIR SINGH) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED : 6TH NOVEMBER, 2015 JD.(SR.P.S.) 2 MA NO.46/K/2015 M/S. BRAVO SPONGE IRON PVT. LTD.. A. Y 2009-10 COPY OF THE ORDER FORWARDED TO: 1 . APPLICANT : M/S. BRAVO SPONGE IRON PVT. LTD., SUIT NO. 204A, 2 ND FLOOR, INDIA STEAMSHIP HOUSE, 21, HEMANT BASU SARANI, KOLKATA-70 0 001.. 2 RESPONDENT CIT, KOL-1, KOLKATA. 3 . THE CIT(A) , KOLKATA 4. ACIT, KOLKATA 5 . DR, KOLKATA BENCHES, KOLKATA TRUE COPY, BY ORDER, ASSTT. REGISTRAR .