Punjab & Sind Bank, New Delhi V. Addll. CIT, New Delhi

MA 556/DEL/2010

• Counselvise Citation: [2011] 111 COUNSELVISE.COM (IT) 0384 (ITAT-DELHI)
• Duration Of Justice: 2 month(s) 12 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 04-03-2011
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: F
• Assessment Year: 2006-2007
• Appeal Filed On: 23-12-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: K RAVI RAMCHANDREN
• Keywords: Set aside

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES FRIDAY: NEW DELHI BEFORE SHRI G.E. VEERABHADRAPPA, VICE PRESIDENT AND SHRI I.P. BANSAL, JUDICIAL MEMBER MA NO. 556/DEL/2010 (IN ITA NO. 3869/DEL/09) ASSESSMENT YEAR: 2006-07 PUNJAB & SIND BANK, VS. ACIT, 21, RAJENDRA PLACE, RANGE 14, NEW DELHI. NEW DELHI. PAN NO. (APPELLANT) (RESPONDENT) APPELLANT BY : NONE RESPONDENT BY : SHRI K. RAVI RAMCHANDREN, SR. DR ORDER PER I.P. BANSAL, J.M. VIDE MISCELLANEOUS APPLICATION FILED AS ABOVE, TH E ASSESSEE HAS SOUGHT RECALL OF THE ORDER OF THE TRIBUNAL DATED 5. 2.10 PASSED IN ITA NO.3869/DEL/09. THE ASSESSEE IN THE PRESENT CASE I S PUBLIC SECTOR UNDERTAKING AND AS ASSESSEE WAS NOT HAVING PERMISSI ON FROM COD TO CONTEST THE PRESENT APPEAL, THE APPEAL FILED BY THE ASSESSEE WAS DISMISSED WITH THE LIBERTY GIVEN TO THE ASSESSEE TO SEEK REVI VAL OF THE PRESENT CASE IN CASE IT OBTAINED CLEARANCE FROM COD. 2. IN THE APPLICATION THE ASSESSEE HAS STATED THAT COD HAS GRANTED PERMISSION TO THE ASSESSEE TO CONTEST THE PRESENT A PPEAL VIDE ORDER DATED MA NO. 556/D/10 2 25 TH AUGUST, 2010 AND, THEREFORE, THE HEARING OF THE AP PEAL SHOULD BE RESTORED. THE COPY OF ORDER OF COD IS ALSO ENCLOSE D WITH THE APPLICATION. 3. IN THIS VIEW OF THE SITUATION, WE SET ASIDE OUR AFOREMENTIONED ORDER AND RESTORE THE APPEAL OF THE ASSESSEE FOR HEARING IN DUE COURSE. THE REGISTRY IS DIRECTED TO FIX THE PRESENT APPEAL IN D UE COURSE. THE PARTIES MAY INFORM ACCORDINGLY. 4. IN THE RESULT, THE MISCELLANEOUS APPLICATION FIL ED BY THE ASSESSEE IS ALLOWED IN THE MANNER AFORESAID. ORDER WAS PRONOUNCED IN THE OPEN COURT ON 4.3.11 SD/- SD/- (G.E. VEERABHADRAPPA) (I.P. BANSAL) ACCOUNTANT MEMBER JUDICIAL MEMBER * KAVITA DATED: 4.3.11 COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR TRUE COPY BY ORDER DEPUTY REGISTRAR ITAT