Anupriya Marketing Ltd., New Delhi v. ITO, New Delhi

MA 124/DEL/2011 | 2006-2007
Pronouncement Date: 02-12-2011 | Result: Allowed

Appeal Details

RSA Number 12420124 RSA 2011
Bench Delhi
Appeal Number MA 124/DEL/2011
Duration Of Justice 7 month(s)
Appellant Anupriya Marketing Ltd., New Delhi
Respondent ITO, New Delhi
Appeal Type Miscellaneous Application
Pronouncement Date 02-12-2011
Appeal Filed By Assessee
Order Result Allowed
Bench Allotted A
Tribunal Order Date 02-12-2011
Assessment Year 2006-2007
Appeal Filed On 02-05-2011
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH FRIDAY-F DELHI) BEFORE SHRI A.D. JAIN AND SHRI B.C. MEENA MISC.APPLI. 124(DEL)2011 [IN ITA NO. 5965(DEL)2010] ASSESSMENT YEAR: 2006-07 M/S.ANUPRIYA MARKETING LTD. THE IN COME TAX OFFICER 31/77 PUNJABI BAGH (WEST) V. WARD 1(4) NEW DELHI. NEW DELHI. (APPLICANT) (RESPONDENT) APPLICANT BY: NONE RESPONDENT BY: SHRI ROH IT GARG SR. DR ORDER PER A.D. JAIN J.M. VIDE ORDER DATED 3.3.2011 THE APPEAL OF THE ASSESSE E WAS DISMISSED FOR NON-PROSECUTION SINCE NOBODY HAD PUT IN APPEAR ANCE ON BEHALF OF THE ASSESSEE DESPITE THE DATE OF HEARING HAVING BEEN NO TIFIED TO THE ASSESSEE IN THE ACKNOWLEDGEMENT-CUM-NOTICE ISSUED TO THE ASSESS EE AT THE TIME OF FILING OF THE APPEAL ON 28.12.2010. 2. IN THE PRESENT APPLICATION GOVIND MUNDRA DIREC TOR OF THE ASSESSEE COMPANY HAS CONTENDED THAT NON-APPEARANCE WAS DUE T O THE REASON THAT DUE TO OVER-SIGHT THE LEARNED COUNSEL FOR THE ASSESSEE COULD NOT NOTE THE DATE IN MA 124(DEL)2011 2 HIS DIARY AND AS SUCH COULD NOT COMMUNICATE IT TO THE ASSESSEE. THE APPLICATION IS ACCOMPANIED BY THE AFFIDAVIT OF THE ASSESSEE AS WELL AS THAT OF THE LEARNED COUNSEL FOR THE ASSESSEE. 3. IN VIEW OF THESE FACTS FINDING THAT THE ASSESSE E WAS VISITED WITH SUFFICIENT CAUSE PREVENTING IT FROM APPEARANCE BEF ORE THE TRIBUNAL AT THE TIME OF HEARING OF THE APPEAL OUR ORDER DATED 3.3 .2011 IS HEREBY RECALLED. IT SHALL NOW COME UP FOR HEARING ON MERITS ON 10.2.20 12 A DATE ANNOUNCED IN THE OPEN COURT IN THE PRESENCE OF BOTH THE PARTIES. ACCORDINGLY NO FRESH NOTICE OF HEARING SHALL ISSUE. 4. IN THE RESULT THE APPLICATION IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 2.12.2011. SD/- SD/- (B.C. MEENA) (A.D. JAIN) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 2.12.2011 *RM COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR TRUE COPY BY ORDER DEPUTY REGISTRAR