DMI India Pvt. Ltd., Kolkata V. ITO, WD-12(1), KOLKATA, Kolkata

MA 71/KOL/2015

• Counselvise Citation: [2015] 124 COUNSELVISE.COM (IT) 3761 (ITAT-KOLKATA)
• Duration Of Justice: 4 month(s) 22 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 04-12-2015
• Appeal Filed By: Assessee
• Bench Allotted: A
• Assessment Year: 2007-2008
• Appeal Filed On: 13-07-2015
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH: KOL KATA [BEFORE SHRI P. M. JAGTAP, AM & SHRI MAHAVIR SINGH , JM] M. A. NO. 71/KOL/2015 IN I.T.A NO. 2798/KOL/2013 ASSESSMENT YEAR: 2007-08 D M I INDIA PVT. LTD. VS. INCOME-TAX OFFICER , WD-12(1), KOLKATA (PAN: AABCD0859L) ( APPLICANT ) ( RESPONDENT ) DATE OF HEARING : 04.12.2015 DATE OF PRONOUNCEMENT: 04.12.2015 FOR THE APPLICANT: SHRI A. K. SAHU, ADVOCATE FOR THE RESPONDENT: SHRI N. JUNGIO, JCIT ORDER PER MAHAVIR SINGH, JM: BY THIS MISCELLANEOUS APPLICATION, THE ASSESSEE HAS SOUGHT FOR SETTING ASIDE THE EX PARTE ORDER PASSED BY THE TRIBUNAL IN ITA NO. 2798/KOL/2 013 DATED 26/05/2015 FOR ASSESSMENT YEAR 2007-08 AND FOR ADMISSION OF THE SA ME FOR HEARING ON MERITS. 2. THE TRIBUNAL VIDE ITS ORDER DATED 26.05.2015 DIS POSED OF THE APPEAL EX PARTE QUA THE ASSESSEE AND DISMISSED THE SAME FOR NON-PROSECU TION. 3. THE ASSESSEE HAS NOW MOVED A MISC. PETITION AND STATED THAT THE ADVOCATE OF THE PETITIONER WAS AT OUTSIDE CALCUTTA ON THE DATE OF H EARING FIXED BY THE ITAT BUT HE SENT ONE OF HIS REPRESENTATIVE TO TAKE TIME ON THAT DATE BUT UNFORTUNATELY HE DID NOT FIND THE NAME OF THE COMPANY IN THE CAUSE LIST OF THE DAY AND HE DID NOT APPEAR AND REPORTED THAT THE CASE WAS NOT IN THE LIST. ON RETURN FROM HYDERABAD ON S EARCH ,THE LD. AR OF THE ASSESSEE FOUND THAT THE NAME OF THE COMPANY WAS IN THE LIST IN WRO NG SPELLING I.E. DML (INDIA) PVT. LTD. INSTEAD OF DMI (INDIA) PVT. LTD. BUT HE WAS NOT WIT H THE NO. OF THE CASE AND THAT IS WHY A MISTAKE HAS ARISEN AND THE CASE WAS DISMISSED FOR N ON PROSECUTION. HENCE, THE ASSESSEE/APPLICANT HAS PRAYED THAT THE ORDER PASSED ON 26.05.2015 MAY BE RECALLED FOR PASSING A FRESH ORDER ON MERIT. IN THIS VIEW OF TH E MATTER AND NO OBJECTION ON BEHALF OF THE LD. SR. DR, WE RECALL THIS ORDER OF THE TRIBUNAL DA TED 26.05.2015 AND ADMIT THE APPEAL FOR 2 MA NO.71/K/2015 DMI INDIA PVT. LTD. A. Y 2007-08 FRESH HEARING. REGISTRY IS DIRECTED TO FIX THE APP EAL ON 21.01.2016. NO NOTICE IS REQUIRED TO BE SENT TO EITHER OF THE PARTIES. 4. IN THE RESULT, MISC. APPLICATION OF ASSESSEE IS ALLOWED. ORDER IS PRONOUNCED IN THE OPEN COURT. SD/- SD/- (P. M. JAGTAP) (MAHAVIR SINGH) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED : 4TH DECEMBER, 2015 JD.(SR.P.S.) COPY OF THE ORDER FORWARDED TO: 1 . APPLICANT: DMI INDIA PVT. LTD., SHIVAM CHAMBERS, 53 , SYED AMIR ALI AVENUE, KOLKAGTA-700 019.. 2 RESPONDENT ITO, WD-12(1), KOLKATA. 3 . THE CIT(A) , KOLKATA 4. ACIT, KOLKATA 5 . DR, KOLKATA BENCHES, KOLKATA TRUE COPY, BY ORDER, ASSTT. REGISTRAR .