Terra Agro Technologies Limited, Jalgaon V. ACIT, Coimbatore

MA 6/CHNY/2011

• Counselvise Citation: [2011] 123 COUNSELVISE.COM (IT) 5351 (ITAT-CHENNAI)
• Duration Of Justice: 29 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 25-02-2011
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Assessment Year: 2004-2005
• Appeal Filed On: 27-01-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: B SRINIVAS
• Keywords: Bonafide belief

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL BENCH C CHENNAI (BEFORE SHRI U.B.S. BEDI, JUDICIAL MEMBER AND SHRI ABRAHAM P. GEORGE, ACCOUNTANT MEMBER) .. M.A. NO. 6/MDS/2011 (IN I.T.A. NO. 1503/MDS/10) ASSESSMENT YEAR : 2004-05 M/S TERRA AGRO TECHNOLOGIES LTD., (NOW MERGED WITH JAIN IRRIGATION SYSTEMS LTD.) JAIN FIELDS, NATIONAL HIGHWAY NO.6, BHAMBORI, JALGAON-425 001. (PAN NO. AAACT7125Q) (APPLICANT) V. THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE IV(1), INCOME-TAX BUILDING, RACE COURSE ROAD, COIMBATORE 641 018. (RESPONDENT) APPLICANT BY : SHRI JITENDRA JAIN RESPONDENT BY : SHRI B.SRIN IVAS O R D E R PER ABRAHAM P. GEORGE, ACCOUNTANT MEMBER : IN THIS MISCELLANEOUS APPLICATION, PLEADING OF THE ASSESSEE IS THAT THE ORDER OF THE TRIBUNAL DATED 25 TH NOVEMBER, 2010 IN I.T.A. NO.1503/MDS/10 SHOULD BE RECALLED. M.A. NO.6/MDS/2011 2 2. ACCORDING TO ASSESSEE, IT COULD NOT ENTER APPEAR ANCE ON THE DAY FIXED FOR HEARING OF THE APPEAL ON ACCOUNT OF A BONAFIDE BELIEF THAT THE FIRST HEARING OF THE MATTER WAS POSTED ON 8.12.2010. 3. WE FIND THAT THE REASONS CITED BY THE ASSESSEE S ATISFACTORY AND THE EX PARTE ORDER DATED 25 TH NOVEMBER, 2010. WE DIRECT THE REGISTRY TO POST THE APPEAL FOR HEARING ON 10 TH MARCH, 2011 AND IT BEING DECLARED IN THE OPEN COURT, THERE SHALL BE NO FRESH NOTICE TO ANY OF THE PARTIES. 4. IN THE RESULT, THE MISCELLANEOUS APPLICATION FIL ED BY THE ASSESSEE STANDS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON THE TWENTY FI FTH DAY OF FEBRUARY, 2011. SD/- SD/- (U.B.S. BEDI) (ABRAHAM P. GEORGE) JUDICIAL MEMBER ACCOUNTANT MEMBER CHENNAI, DATED THE 25 TH FEBRUARY, 2011. KRI. COPY TO: APPLICANT/RESPONDENT/CIT(A)/CIT/D.R./GUARD FILE