AJAY KUMAR AGGARWAL, NEW DELHI V. ACIT, CC- 1, NEW DELHI

MA 92/DEL/2021

• Counselvise Citation: [2022] 104 COUNSELVISE.COM (IT) 3892 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 7 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 16-06-2022
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2009-2010
• Appeal Filed On: 08-06-2021
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘A’, NEW DELHI BEFORE SH. ANIL CHATURVEDI, ACCOUNTANT MEMBER AND SH. YOGESH KUMAR US, JUDICIAL MEMBER MA Nos. 90, 91 & 92/Del/2021 (in ITA Nos.4002, 4003 & 4004/Del/2017) (for Assessment Years : 2007-08, 2008-09 & 2009-10) Ajay Kumar Aggarwal Flat No.116, Maitri Apartment, 28, I. P. Extension, New Delhi – 92 PAN No. AAJPA 2819 A Vs. ACIT CC-1 New Delhi (APPELLANT) (RESPONDENT) Assessee by Shri V. Rajkumar, Adv. Revenue by Shri Sandeep Kumar, Sr. D.R. Date of hearing: 17.06.2022 Date of Pronouncement: 17.06.2022 ORDER PER ANIL CHATURVEDI, AM : By these Misc. Applications (MA) the Assessee has urged for recalling of the ex-parte order of Tribunal in ITA Nos. 4002,4003 & 4004/Del/2017 dated 19.01.2021. 2. Through the Misc. Applications, it is submitted that Assessee had made written submissions for consideration but however the same were not considered and the ex-parte order was passed for non-appearance. The ld. A.R. before us further submitted that the order be recalled and further gave an 2 undertaking to represent the case on the date fixed for hearing and assist in disposal of the appeals. He therefore requested that the ex-parte order be recalled. 3. The Ld. D.R. on the other hand did not object to the request of the Assessee. 4. We have heard the rival submissions and perused the material on record. Considering the submissions and undertaking given by the Ld. Counsel for the Assessee, we recall the ex-parte Tribunal order in ITA Nos. 4002, 4003 & 4004/Del/2017 dated 19.01.2021 and direct the Registry to fix the appeal for hearing on 24.08.2022. Both parties were informed in Court and the notice of hearing was dispensed with the consent of both parties. Since the date of hearing was pronounced in the Open Court, no separate notice is required to be issued. 5. In the result, Misc. Applications of the assessee are allowed. Order pronounced in the open court on 17.06.2022, immediately after conclusion of the hearing of the matter in virtual mode. Sd/- Sd/- (YOGESH KUMAR US) (ANIL CHATURVEDI) JUDICIAL MEMBER ACCOUNTANT MEMBER Date:- 17.06.2022 PY* 3 Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI Date of dictation 17.06.2022 Date on which the typed draft is placed before the dictating Member 17.06.2022 Date on which the approved draft comes to the Sr.PS/PS 17.06.2022 Date on which the fair order is placed before the Dictating Member for Pronouncement 17.06.2022 Date on which the fair order comes back to the Sr. PS/ PS 17.06.2022 Date on which the final order is uploaded on the website of ITAT 17.06.2022 Date on which the file goes to the Bench Clerk 17.06.2022 Date on which file goes to the Head Clerk. The date on which file goes to the Assistant Registrar for signature on the order Date of dispatch of the Order