M/s O.J. Securities (P) Ltd, New Delhi V. ITO, New Delhi

MA 540/DEL/2010

• Counselvise Citation: [2012] 123 COUNSELVISE.COM (IT) 7512 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 1 month(s) 6 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 20-01-2012
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: F
• Assessment Year: 2000-2001
• Appeal Filed On: 14-12-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SALIL MISHRA
• Assessee Lawyers: SB GUPTA
• Keywords: Reasonable cause

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH : FRIDAY : NEW DELHI BEFORE SHRI I.P. BANSAL, JUDICIAL MEMBER AND SHRI K.G. BANSAL, ACCOUNTANT MEMBER M.A NOS. 540 & 541/DEL/2010 (ITA NOS.3463 & 3464/DEL/09 CO NOS.291 & 292/D/09) ASSESSMENT YEARS : 2000-01 & 2001-02 O.J. SECURITIES (P) LTD., 1091, JS PLACE, 320, DELHI GATE BAZAR, ASAF ALI ROAD, NEW DELHI. PAN : AAACO0994L VS. ITO, WARD 13 (4), NEW DELHI. (APPLICANT) (RESPONDENT) APPELLANT BY : SHRI S.B. GUPTA, CA RESPONDENT BY : SHRI SALIL MISHRA, DR O R D E R PER I.P. BANSAL, JUDICIAL MEMBER: VIDE THE MISCELLANEOUS APPLICATIONS FILED AS ABOVE , THE ASSESSEE HAS SOUGHT RECALL OF THE EX PARTE ORDER PASSED BY THE T RIBUNAL DATED 19 TH MARCH, 2010 IN ITA NOS.3463 & 3464/DEL/2009 AND CO NOS.291 & 29 2/DEL/2009. THE APPEALS FILED BY THE REVENUE AS WELL AS THE CROSS O BJECTIONS FILED BY THE ASSESSEE WERE DISMISSED EX PARTE QUA THE ASSESSEE. IT IS CONTENDED IN THE APPLICATION THAT THE HEARING COULD NOT BE ATTENDED BECAUSE THE DIRECTOR OF THE COMPANY WAS SERIOUSLY ILL ON 11 TH MARCH, 2010. REFERENCE IS MADE TO MEDICAL CERTIFICATES ISSUED BY A QUALIFIED DOCTOR AND, THUS , IT IS THE CASE OF THE ASSESSEE THAT THE AFOREMENTIONED EX PARTE ORDER OF THE TRIBU NAL SHOULD BE RECALLED AND THE APPEALS AS WELL AS THE CROSS OBJECTIONS FILED SHOUL D BE HEARD ON MERITS. THE MA NO.540 & 541/DEL/2010 2 FACTS STATED IN THE APPLICATION ARE SUPPORTED BY A N AFFIDAVIT FILED BY SHRI NAVEEN GUPTA, S/O SHRI JITENDER GUPTA, DIRECTOR OF THE ASS ESSEE COMPANY 2. IN THE LIGHT OF THE REASONS GIVEN BY THE ASSESSE E WHICH IS FOUND TO BE GENUINE, WE ARE SATISFIED THAT THE ASSESSEE WAS PRE VENTED BY SUFFICIENT AND REASONABLE CAUSE FROM APPEARING BEFORE THE TRIBUNAL WHEN THE APPEAL WAS CALLED FOR HEARING ON 11.03.2010. WE, THEREFORE, R ECALL THE TRIBUNAL ORDER AND RESTORE THE MATTER FOR DISPOSAL ON MERITS. THE APPE ALS AS WELL AS THE CROSS OBJECTIONS WILL BE FIXED FOR HEARING ON 16 TH APRIL, 2012. BOTH THE PARTIES HAD TAKEN NOTE OF THE HEARING OF THE APPEALS AND CROSS OBJECTIONS ON 16 TH APRIL, 2012 WAVING THEIR RIGHT TO RECEIVE NOTICE OF HEARING FOR THAT DATE. 3. IN THE RESULT, THE MISCELLANEOUS APPLICATIONS AR E ALLOWED. . THE ORDER PRONOUNCED IN THE OPEN COURT ON 20.01.20 12. SD/- SD/- [K.G. BANSAL] [I.P. BANSAL] ACCOUNTANT MEMBER JUDICIAL MEMBER DATED, 20.01.2012. DK COPY FORWARDED TO: - 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR, ITAT TRUE COPY BY ORDER, DEPUTY REGISTRAR, ITAT, DELHI BENCHES