Katyani Shiksha Prasar Samiti, Bulandshahr v. ACIT,

MA 111/DEL/2010 | 2004-2005
Pronouncement Date: 30-04-2010 | Result: Allowed

Appeal Details

RSA Number 11120124 RSA 2010
Bench Delhi
Appeal Number MA 111/DEL/2010
Duration Of Justice 1 month(s) 19 day(s)
Appellant Katyani Shiksha Prasar Samiti, Bulandshahr
Respondent ACIT,
Appeal Type Miscellaneous Application
Pronouncement Date 30-04-2010
Appeal Filed By Assessee
Order Result Allowed
Bench Allotted D
Tribunal Order Date 30-04-2010
Assessment Year 2004-2005
Appeal Filed On 11-03-2010
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH FRIDAY ; NEW DELHI BEFORE SHRI C.L. SETHI JM AND SHRI K.D. RANJAN AM M.A. NO.111/DEL OF 2010 (IN I.T.A. NO.957/DEL OF 2009) ASSESSMENT YEAR: 2004-05 M/S KATYANI SHIKSHA PRASAR SAMITI ACIT NOIDA RANGE BULANDSHAHR. VS NOIDA. APPLICANT RESPONDENT APPLICANT BY: SHRI TARUN KUMAR ADVOCATE RESPONDENT BY: MS BANITA DEVI RAOREM SR. DR ORDER PER C.L. SETHI JM BY WAY OF THIS MISCELLANEOUS APPLICATION THE ASSE SSEE SAMITI HAS MADE A PRAYER TO RECALL THE ORDER DATED 19.10.2009 PASSED BY THIS TRIBUNAL DISMISSING ASSESSEES APPEAL FOR WANT OF PROSECUTIO N BY GIVING REASON THAT ON THE DATE OF HEARING THE ASSESSEE SENT AN ADJOUR NMENT LETTER BY SPEED POST SENT ON 15.10.2009 WHICH WAS DELIVERED IN THE POST OFFICE OF LODHI ROAD ON 19.10.2009 WHICH MIGHT NOT HAVE BEEN RECEIVED B Y THE BENCH BY THE TIME HEARING WAS TAKEN PLACE. IN SUPPORT OF THE MI SCELLANEOUS APPLICATION THE ASSESSEE HAS FURNISHED AN AFFIDAVIT STATING THE FACTS. 2 2. AFTER CONSIDERING THE FACTS OF THE CASE AND HAV ING FOUND THAT ASSESSEE WAS PREVENTED BY SUFFICIENT AND REASONABLE CAUSE FO R APPEARING BEFORE THE TRIBUNAL ON THE DATE OF HEARING WE RECALL OUR ORDE R AND RESTORE THE APPEAL TO ITS FILE. REGISTRY IS HEREBY DIRECTED TO FIX THIS A PPEAL FOR HEARING ON 7.7.2010 A DATE WHICH HAS ALREADY BEEN ANNOUNCED IN THE OPE N COURT AT THE TIME OF HEARING THIS MISCELLANEOUS APPLICATION ITSELF. THE REFORE NO SEPARATE NOTICE FOR HEARING NEED TO BE SENT. 3. IN THE RESULT MISCELLANEOUS APPLICATION FILED B Y THE ASSESSEE IS ALLOWED. 4. THIS DECISION WAS PRONOUNCED IN THE OPEN COURT O N 30 TH APRIL 2010 IMMEDIATELY AFTER THE HEARING WAS OVER. (K.D. RANJAN) (C.L. SETHI) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 30 TH APRIL 2010 VIJAY COPY TO: 1. APPLICANT. 2. RESPONDENT. 3. CIT 4. CIT(A) 5. DR ASSISTANT REGISTRAR