DEVENDRA KUMAR, GHAZIABAD V. ITO, WARD- 1, GHAZIABAD

MA 93/DEL/2020

• Counselvise Citation: [NaN] 107 COUNSELVISE.COM (IT) 1757 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 3 month(s) 6 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 03-06-2022
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2009-2010
• Appeal Filed On: 28-02-2020
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘SMC’, NEW DELHI BEFORE SH. N. K. BILLAIYA, ACCOUNTANT MEMBER MA No.93/Del/2020 (In ITA No.6833/Del/2018) Assessment Year: 2009-10 Devendra Kumar S/o Shri Shis Pal Singh H. no.36, C/o Anamika Memorial Shiksha Niketan Ganga Enclave, Loni Border, Ghaziabad PAN No. BARPK0744H Vs ITO Ward- 1 (2) Ghaziabad (APPELLAN (RESPONDENT) Appellant Sh. Ajay Dhama, Advocate Respondent Shri Zahid Parvez, Sr. DR Date of hearing: 03/06/2022 Date of Pronouncement: 03/06/2022 ORDER PER N.K. BILLAIYA, AM: This Miscellaneous Application by the assessee is directed towards the order of this Tribunal in ITA No. 6833/Del/2018 dated 18.04.2019 for A.Y.2009-10. 2. The assessee submits that the Tribunal has dismissed the appeal in limine for non appearance. The assessee prays for the recall of the exparte order. 2 3. I have carefully considered the order of the Tribunal in ITA No.6833/Del/2018. I find that the Tribunal has dismissed the appeal in limine. Therefore, in the interest of justice I deem it fit to recall the order dated 18.04.2019 and direct the registry to list the appeal for hearing on 08.09.2022 since the date has been noted by the Counsel no notice be served. 4. In the result, the miscellaneous application filed by the assessee is allowed. 5. Decision announced in the open court in the presence of both the parties on 03.06.2022. Sd/- (N. K. BILLAIYA) ACCOUNTANT MEMBER *NEHA, Sr. Private Secretary* Date:- 03.06.2022 Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI 3 Date of dictation 03.06.2022 Date on which the typed draft is placed before the dictating Member 03.06.2022 Date on which the typed draft is placed before the Other member 03.06.2022 Date on which the approved draft comes to the Sr.PS/PS 03.06.2022 Date on which the fair order is placed before the Dictating Member for Pronouncement 03.06.2022 Date on which the fair order comes back to the Sr. PS/ PS 03.06.2022 Date on which the final order is uploaded on the website of ITAT 03.06.2022 Date on which the file goes to the Bench Clerk 03.06.2022 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