M/s. Agnite Education Limited (Formerly Teledata Informatics Ltd.), CHENNAI v. ITO (OSD), CHENNAI

MA 103/CHNY/2011 | 2004-2005
Pronouncement Date: 08-07-2011 | Result: Allowed

Appeal Details

RSA Number 10321724 RSA 2011
Assessee PAN AAACT2976K
Bench Chennai
Appeal Number MA 103/CHNY/2011
Duration Of Justice 21 day(s)
Appellant M/s. Agnite Education Limited (Formerly Teledata Informatics Ltd.), CHENNAI
Respondent ITO (OSD), CHENNAI
Appeal Type Miscellaneous Application
Pronouncement Date 08-07-2011
Appeal Filed By Assessee
Order Result Allowed
Bench Allotted D
Tribunal Order Date 08-07-2011
Assessment Year 2004-2005
Appeal Filed On 17-06-2011
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL CHENNAI BENCH D : CHENNAI [BEFORE SHRI HARI OM MARATHA JUDICIAL MEMBER AND SHRI N.S. SAINI ACCOUNTANT MEMBER] M.P.NO.103/MDS/2011 [ARISING OUT OF I .T.A NO. 608/MDS/2009] ASSESSMENT YEAR : 2004-05 M/S AGNITE EDUCATION LTD [FORMERLY TELEDATA INFORMATICS LTD.) NO.37/1 TELEDATA TOWERS VELACHERY TAMBARAM MAIN ROAD VELACHERY CHENNAI 600 042 [PAN AAACT2976K] VS THE INCOME-TAX OFFICER (OSD) COMPANY CIRCLE III(2) CHENNAI (PETITIONER) (RESPONDENT) PETITIONER BY : SHRI ANIL NAIR RESPONDENT BY : SHRI SHAJI P. JACOB O R D E R PER HARI OM MARATHA JUDICIAL MEMBER: THROUGH THIS MISCELLANEOUS PETITION THE ASSESSEE HAS SOUGHT RECALLING OF THE ORDER OF THIS TRIBUNAL DATE D 30.5.2011 IN ITA NO.608/MDS/2009 FOR ASSESSMENT YEAR 2004-05. 2. IN THE PETITION IT IS STATED THAT ON THE DATE OF HEARING AS THE ASSESSEES REPRESENTATIVE WAS ILL HE COULD NOT APP EAR BEFORE THE TRIBUNAL TO REPRESENT THE CASE. FURTHER THE NON- APPEARANCE WAS DUE TO THE REASONS BEYOND THE CONTROL OF THE ASSESSEE A ND WAS NEITHER M.P 103/11 :- 2 -: INTENTIONAL NOR DELIBERATE AND THEREFORE PRAYED F OR RECALLING OF THE ORDER. 3. AFTER HEARING BOTH SIDES WE ARE OF THE CONSID ERED OPINION THAT THE ASSESSEE WAS DEPRIVED OF THE OPPORTUNITY O F HEARING BECAUSE OF THE SICKNESS OF ITS AR. WE THEREFORE RECALL T HE TRIBUNAL ORDER IN QUESTION AND DIRECT THE REGISTRY TO FIX THE APPEAL FOR HEARING ON 7.9.2011. AS THE DATE WAS PRONOUNCED IN THE OPEN COURT THERE IS NO NEED TO ISSUE NOTICE OF HEARING AFRESH. 4. IN THE RESULT THE MISCELLANEOUS APPLICATI ON STANDS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 8 .7.2011. SD/- SD/- (N.S.SAINI) ACCOUNTANT MEMBER ( HARI OM MARATHA ) JUDICIAL MEMBER DATED: 8 TH JULY 2011 RD COPY TO: PETITIONER/RESPONDENT/CIT(A)/CIT/DR