Mahanagar Telephone Nigam Ltd., New Delhi V. Addl. CIT, New Delhi

MA 516/DEL/2010

• Counselvise Citation: [2011] 111 COUNSELVISE.COM (IT) 0405 (ITAT-DELHI)
• Duration Of Justice: 6 month(s) 13 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 18-02-2011
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Assessment Year: 2004-2005
• Appeal Filed On: 04-08-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: AMRENDRA KUMAR

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH : FRIDAY F NEW DELHI) BEFORE SHRI A.D.JAIN, JUDICIAL MEMBER AND SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER M.A. NO. 516/DEL./2010 (IN ITA NO.770/DEL./2006) (ASSESSMENT YEAR : 2004-05) M/S MAHANGAR TELEPHONE NIGAM LTD., VS. ACIT, RANGE 4, JEEVAN BHARTI BUILDING TOWER-I NEW DELHI. 12 TH FLOOR, 124, CONNAUGHT PLACE, NEW DELHI. (PAN/GIR NO.AAACM 0828R) (APPLICANT) (RESPONDENT) ASSESSEE BY : SHRI VED JAIN, CA. REVENUE BY : SHRI AMRENDRA KUMAR, SR.DR ORDER PER A.D.JAIN, JM IN THIS APPLICATION, THE APPLICANT HAS CONTENDED TH AT THE APPEAL WAS DISMISSED VIDE ORDER DATED 17.01.2010, ON ACCOUNT OF NON-GRANT OF APPROVAL FROM THE COD. NOW, THE APPLICANT HAVING OBTAINED THE CODS APPROVAL, HAS R EQUESTED TO ALLOW TO PURSUE ITS APPEAL ON PERMITTING RECALL OF THE ORDER 2. THE CONTENTION OF THE ASSESSEE IS FOUND TO BE C ORRECT. ACCORDINGLY, WE RECALL THE ORDER PASSED ON 17.01.2010. THEREFORE, THE ASSESS EES APPEAL IS FIXED FOR HEARING ON 19.04.2011, WHICH DATE HAS BEEN NOTED BY BOTH THE P ARTIES. NO FRESH NOTICE SHALL BE ISSUED SINCE THE DATE OF HEARING WAS PRONOUNCED IN THE OPEN COURT. 3. IN THE RESULT, THE APPLICATION IS ALLOWED. ORDER PRONOUNCED IN OPEN COURT ON THE DATE OF HEAR ING I.E. 18.02.2011. SD/- SD/- (SHAMIM YAHYA) (A.D. JAIN) ACCOUNTANT MEMBER JUDICIAL MEMBER. DATED, FEB. 18, 2011. *SKB* COPY FORWARDED TO:- 1. THE APPLICANT 2. THE RESPONDENT 3. THE CIT 4. THE CIT(A)-VII, NEW DELHI. 5. THE DR, ITAT, LOKNAYAK BHAWAN, KHAN MARKET, NEW DELHI. BY ORDER (ITAT, NEW DELHI).