M/s Triune Projects Pvt. Ltd, New Delhi V. DCIT, New Delhi

MA 54/DEL/2011

• Counselvise Citation: [2011] 123 COUNSELVISE.COM (IT) 6592 (ITAT-DELHI)
• Duration Of Justice: 3 month(s) 29 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 03-06-2011
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: F
• Next Hearing Date: 21-03-2012
• Assessment Year: 1995-1996
• Appeal Filed On: 04-02-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: A K MONGA
• Assessee Lawyers: PROF S SAMPATH

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL [ DELHI BENCH F DELHI ] BEFORE SHRI I. P. BANSAL, JM & SHRI K. D. R ANJAN, AM MISC. APP. NO. 54 (DEL) OF 2011. [ IN I. T.APPEAL NO. 483 (DEL) OF 2009 ] ASSESSMENT YEAR : 1995-96. M/S. TRIUNE PROJECTS PVT. LTD., DY. COMMI SSIONER OF INCOME-TAX, 11 TH FLOOR, INTERNATIONAL TRADE TOWER, VS. C I R C L E : 16 (1), NEHRU PLACE, NEW DELHI. N E W D E L H I. P A N / G I R NO. AAACT 0475 H. ( APPLICANT ) ( RESPONDENT ) ASSESSEE BY : PROF. S. SAMPATH, A. R.; DEPARTMENT BY : SHRI A. K. MONGA, SR. D. R. ; O R D E R. PER K. D. RANJAN, AM : THIS MISC. APPLICATION BY THE ASSESSEE HAS BEEN FI LED AGAINST THE ORDER DATED 25TH SEPTEMBER, 2009 PASSED BY THE ITAT FOR ASSESSMENT YEAR 1995-96. 2. THE ASSESSEE IN HIS MISC. APPLICATION ALONG WITH AFFIDAVIT HAS STATED THAT THE CASE WAS FIXED FOR HEARING ON 8 TH SEPTEMBER, 2009. IT HAS BEEN FURTHER STATED THAT THE ASSESSEE HAS NOT RECEIVED ANY NOTICE FIXING THE DATE OF HEARING. IN VIEW OF THESE FACTS IT HAS BEEN PLEADED THAT NON-APPEARANCE ON BEHALF OF THE ASSESSEE WAS NOT WI LLFUL AND THE ASSESSEE IS VERY MUCH INTERESTED IN PROSECUTING THE APPEAL. 3. WE HAVE HEARD BOTH THE PARTIES AND PERUSED THE M ATERIAL AVAILABLE ON RECORD. THE ASSESSEE HAD EXPLAINED THE REASONS FOR NON-ATTENDAN CE ON THE DATE OF HEARING. WE ARE SATISFIED 2 MISC. APP. NO. 54 (DEL) OF 2011. THAT THE ASSESSEE WAS PREVENTED BY SUFFICIENT CAUSE , AS MENTIONED IN THE MISC. APPLICATION FILED. WE, THEREFORE, RECALL THE ORDER FOR FRESH A DJUDICATION. THE APPEAL IS FIXED FOR HEARING ON 19TH SEPTEMBER, 2011 FOR WHICH NO NOTICE WILL BE ISSUED. BOTH THE PART IES WERE INFORMED IN OPEN COURT. THE REGISTRY IS DIRECTED ACCORDINGLY. 4. IN THE RESULT, THE MISCELLANEOUS APPLICATION FIL ED BY ASSESSEE, IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON : 03 RD JUNE, 2011. SD/- SD/- [ I. P. BANSAL ] [ K. D. RANJA N ] JUDICIAL MEMBER ACCOUNTANT MEMBER DATED : 03 RD JUNE, 2011. *MEHTA * COPY OF THE ORDER FORWARDED TO : - 1. APPLICANT. 2. RESPONDENT. 3. CIT, 4. CIT (APPEALS), 5. DR, ITAT, NEW DELHI. TRUE COPY. BY ORDER. ASSISTANT REGISTRAR, ITAT. 3 MISC. APP. NO. 54 (DEL) OF 2011.