Cornerstone Financial Services Ltd., New Delhi V. DCIT, New Delhi

MA 58/DEL/2010

• Counselvise Citation: [2010] 123 COUNSELVISE.COM (IT) 4657 (ITAT-DELHI)
• Duration Of Justice: 2 month(s) 19 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 09-04-2010
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: E
• Assessment Year: 1999-2000
• Appeal Filed On: 20-01-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: MONU MOHANTY

Judgement Text

M.A. NO.58 IN I.T.A. NO.13 /DEL/05 1/2 IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH H NEW DELHI) BEFORE SHRI A.D. JAIN, JUDICIAL MEMBER AND SHRI A.K. GARODIA, ACCOUNTANT MEMBER MISC. APPLICATION NO.58/DEL/2010 IN I.T.A. NO.13 /DEL/2005 ASSESSMENT YEAR : 1999-2000 M/S CRONER STONE FINANCIAL ITO, SERVICES LTD., C-18, GREEN PARK WARD-3 (4), MAIN, NEW DELHI. V. NEW DELHI. (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI RAJIV KOHLI, C.A. SHRI TAPUSH K. MAJUMDAR, DIRECTOR. RESPONDENT BY : SMT. MONU MOHANTY, DR. ORDER PER A.K. GARODIA, AM: THIS MISC. APPLICATION IS FILED BY THE ASSESSEE SEE KING RECALL OF THE EX PARTE TRIBUNAL ORDER DATED 19.10.2009 FOR AS SESSMENT YEAR 1999-00. IT IS THE SUBMISSION OF THE ASSESSEE THAT NOTICE OF HEARING FIXING THE DATE OF HEARING ON 19.10.2009 WAS NOT RE CEIVED BY THE ASSESSEE. AN AFFIDAVIT OF THE DIRECTOR OF THE ASSES SEE COMPANY IS ALSO FURNISHED ALONG WITH THE MISC. APPLICATION TO THIS EFFECT. UNDER THESE FACTS, WE ARE SATISFIED THAT THERE WAS REASON ABLE CAUSE FOR NON APPEARANCE OF THE ASSESSEE ON THE APPOINTED DATE OF HEARING I.E. M.A.NO.58 IN I.T.A. NO.13/DEL/05 2/2 19.10.2009 AND HENCE AS PER RULE 24 OF THE ITAT RUL ES, 1963, THIS EX PARTE ORDER SHOULD BE RECALLED AND WE DO SO. THIS EX PARTE TRIBUNAL ORDER DATED 19.10.2009 IS RECALLED. REGISTRY IS DI RECTED TO FIX THIS APPEAL FOR HEARING ON 7.6.23010 AND SINCE THE DATE OF HEARING WAS PRONOUNCED IN THE OPEN COURT, NO SEPARATE NOTICE OF HEARING IS REQUIRED TO BE ISSUED. 2. IN THE RESULT, THE MISC. APPLICATION OF THE ASSE SSEE STANDS ALLOWED. 3. ORDER WAS PRONOUNCED IN THE OPEN COURT ON THE DA TE OF HEARING I.E. 9 TH APRIL, 2010. SD/- SD/- (A.D. JAIN) (A.K. GARO DIA) JUDICIAL MEMBER ACCOUNTANT MEMBER DT. 09.4.2010. HMS COPY FORWARDED TO:- 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT 4. THE CIT (A)-, NEW DELHI. 5. THE DR, ITAT, LOKNAYAK BHAWAN, KHAN MARKET, NEW DELHI. TRUE COPY. BY ORDER (ITAT, NEW DELHI).