Arun Kumar Goenka, New Delhi V. ITO, New Delhi

MA 66/DEL/2012

• Counselvise Citation: [2012] 123 COUNSELVISE.COM (IT) 8676 (ITAT-DELHI)
• Duration Of Justice: 3 month(s) 6 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 17-07-2012
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 1996-1997
• Appeal Filed On: 10-04-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: K V K SINGH

Judgement Text

MA NO. 66/DEL/2012 1 IN THE INCOME TAX APPELATE TRIBUNAL DELHI BENCH, A: NEW DELHI BEFORE SHRI R.P. TOLANI, JUDICIAL MEMBER & SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER MA NO. 66/DEL/2012 ( IN ITA NO. 2925/DEL/2011) A.Y. : 1996-97 SH. ARUN KUMAR GOENKA, VS. INCOME TAX OFFICER, 20, ANAND LOK, WARD-12(2), NEW DELHI 110 049 NEW DELHI (APPELLANT) (RESPONDENT) ASSESSEE BY : SH. ANIL SHARMA, ADV. DEPARTMENT BY : SH. K.V.K. SINGH, SR. D.R. O R D E R PER SHAMIM YAHYA: AM BY WAY OF THIS MISC. APPLICATION ASSESSEE SEEKS RECALL O F ORDER OF THE TRIBUNAL PASSED IN ITA NO. 2925/DEL/2011 DATED 29.11 .2011. THE SAID APPEAL WAS DISMISSED FOR NON-PROSECUTION. 2. NOW ASSESSEE HAS FILED THE MISC. APPLICATION AND IT H AS BEEN SUBMITTED THAT ASSESSEE COULD NOT APPEAR ON THE DATE OF HEARING BECAUSE THE NOTICE FOR FIXING THE DATE OF HEARING WAS MISPLAC ED. 3. WE HAVE HEARD BOTH THE PARTIES AND PERUSED THE RECORDS. IN OUR CONSIDERED OPINION, INTEREST OF JUSTICE WILL BE SERVED, IF THE AFORESAID ORDER IS RECALLED AND COST OF ` 2000/- IS PUT ON THE ASSESSEE. ACCORDINGLY, WE MA NO. 66/DEL/2012 2 DIRECT THAT THE ASSESSEES CASE BE FIXED FOR HEARING ON 26.11.2012. WE FURTHER IMPOSE THE COST OF ` 2000/- ON THE ASSESSEE. 4. IN THE RESULT, THE MISC. APPLICATION FILED BY THE ASSESSEE STANDS ALLOWED SUBJECT TO PAYMENT OF COST. ORDER PRONOUNCED IN THE OPEN COURT ON 17/7/2012. SD/- SD/- [R.P. TOLANI] [SHAMIM YAHYA] JUDICIAL MEMBER ACCOUNTANT MEMBER DATE: 17/7/2012 SRBHATNAGAR COPY FORWARDED TO: - 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT (A) 5. DR, ITAT TRUE COPY BY ORDER, ASSISTANT REGISTRAR, ITAT, DELHI BENCHES