M/s KRS Enterprises, Bangalore V. ACIT, Bangalore

MA 75/BANG/2010

• Counselvise Citation: [2010] 123 COUNSELVISE.COM (IT) 4837 (ITAT-BANGALORE)
• Duration Of Justice: 1 month(s) 5 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 17-09-2010
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2005-2006
• Appeal Filed On: 12-08-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: CHAITHANYA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, BANGALORE BENCH A BEFORE DR. O.K NARAYANAN, VICE PRESIDENT AND SMT. P MADHAVI DEVI, JUDICIAL MEMBER M.P NO.7 5 & 76/BANG/2010 (IN ITA NO.1040 & 1047/B/09) (AS ST. YEAR - 2005-06) M/S K.R.S ENTERPRISES, #B-2, REGENCY MANOR, DAVIS ROAD, COOK TOWN, BANGALORE-560 084. . APPELLANT VS. THE ASST. COMMISSIONER OF INCOME-TAX , CIRCLE-11(5), BANGALORE. . RESPONDENT APPELLANT BY : SHRI CHAITHANYA, ADVOCATE RESPONDENT BY : SMT. JACINTA ZIMIK VASHAI, ADDL. COMMISSIONER OF INCOME-TAX O R D E R PER DR. O.K NARAYANAN, VICE PRESIDENT : THESE MISC. PETITIONS ARE FILED BY THE ASSESSEE PR AYING FOR THE RESTORATION OF THE APPEALS, WHICH HAVE BEEN DISPOSE D EX-PARTE THROUGH THE ORDER OF THE TRIBUNAL DATED 27.4.2010 IN ITA NO .1040 AND 1047/BANG/2009. THE APPEALS HAVE BEEN DISPOSED OFF EX-PARTE FOR THE REASON OF NON-APPEARANCE BY THE ASSESSEE. THE APPE AL IN ITA M.P NOS.75 & 76/B/10 2 NO.2040/BANG 2009 WAS FILED BY THE REVENUE AND THE APPEAL IN ITA NO.1047 WAS FILED BY THE ASSESSEE. 2. ON GOING THROUGH THE AVERMENTS IN THE PETITION A ND ON HEARING THE PARTIES, WE FIND THAT IT IS NECESSARY IN THE IN TEREST OF JUSTICE TO HEAR THE ASSESSEE IN THESE CASES, FOR WHICH, THE APPEALS HAVE TO BE RE-HEARD. ACCORDINGLY, COMMON ORDER OF THE TRIBUNAL DATED 27. 4.2010 IS RECALLED AND APPEALS ARE RESTORED ON THE ROLLS OF T HE TRIBUNAL FOR FRESH HEARING AND DISPOSAL IN ACCORDANCE WITH LAW. 3. RESTORED APPEALS ARE POSTED FOR HEARING ON 9 TH NOV, 2010. NOTICE WAIVED. 4. IN RESULT, MISC. PETITIONS/RESTORATIONS PETITION FILED BY THE ASSESSEE ARE ALLOWED. ORDER PRONOUNCED ON FRIDAY, THE 17TH DAY OF SEPTEMBER 2010, AT BANGALORE. SD/- SD/- (P MADHAVI DEVI) (DR. O.K NARAYANAN) JUDICIAL MEMBER VICE PRESIDENT VMS. M.P NOS.75 & 76/B/10 3 COPY TO : 1. THE ASSESSEE 2. THE REVENUE 3.THE CIT CONCERNED. 4.THE CIT(A) CONCERNED. 5.DR 6.GF BY ORDER, ASST. REGISTRAR, ITAT, BANGALOR E. EXIGIBLE