The ITO, Ward-9(2), Ahmedabad v. A.O.P. of Shri G.K. Basantani & others,, Ahmedabad

MA 181/AHD/2009 | 1998-1999
Pronouncement Date: 19-03-2010 | Result: Allowed

Appeal Details

RSA Number 18120524 RSA 2009
Bench Ahmedabad
Appeal Number MA 181/AHD/2009
Duration Of Justice 9 month(s) 21 day(s)
Appellant The ITO, Ward-9(2), Ahmedabad
Respondent A.O.P. of Shri G.K. Basantani & others,, Ahmedabad
Appeal Type Miscellaneous Application
Pronouncement Date 19-03-2010
Appeal Filed By Department
Order Result Allowed
Bench Allotted D
Tribunal Order Date 19-03-2010
Assessment Year 1998-1999
Appeal Filed On 28-05-2009
Judgment Text
IN THE INCOME TAX APPELLLATE TRIBUNAL AHMEDABAD BENCHES D AHM EDABAD BEFORE S/ SHRI N.S.SAINI A.M & SHRI MAHAVIR SINGH J.M. M.A.NO.181/AHD/2009 (ARISING OUT ITA NO.4506 /AHD/2003 ASST.YEAR.1998-99 DATE OF HEARING:19.3.10 DRAFTED:19.3.10 INCOME TAX OFFICER WARD-9(2) AHMEDABAD VS. AOP OF SHRI G.K.BASANTANI 7 TH FLOOR TRADE CENTRE STADIUM CIRCLE AHMEDABAD PAN NO. NOT FOUND (APPELLANT) (RESPONDENT) (ORIGINAL APPELLANT) (ORIGINAL RESPONDENT) APPELLANT BY : SHRI SHELLY JINDAL CIT-DR RESPONDENT BY: SHRI S.N. DIVETIA AR ORDER PER MAHAVIR SINGH J.M. BY WAY OF THIS MISCELLANEOUS APPLICATION (MA) THE REVENUE HAS REQUESTED FOR RE-CALLING OF THE ORDER PASSED BY THE TRIBUNAL IN ITA NO.4506/AHD/2003 DATED 19-12-2008. 2. THE REVENUE HAS STATED THAT THE TRIBUNAL IN ITS ORDER IN ITA NO.4506/AHD/2003 DATED 19-12-2008 HAS NOT ADJUDICAT ED THE ISSUES ON MERITS AND THE APPEAL OF THE REVENUE WAS DISMISSED BY APPL YING THE DECISION OF MULTIPLAN (INDIA) (P) LTD. (38 ITD 320) FOR WANT OF PROSECUTION. NOW THE CIT-DR STATED THAT THE REVENUE IS READY WITH THE MATTER AN D IT CAN BE FIXED ANY DAY. THE LD. COUNSEL FOR THE ASSESSEE HAS NOT OBJECTED FOR R E-CALLING OF THE ORDER. 3. AFTER HEARING THE RIVAL CONTENTIONS WE FIND THA T THIS ISSUE HAS NOT BEEN ADJUDICATED BY THE TRIBUNAL AND ACCORDINGLY TO THA T EFFECT THIS ORDER IS RECALLED. THE REGISTRY IS DIRECT TO CLUB THIS APPEAL IN ITA N O.4506/AHD/2003 WITH ITA 2 NO.4507/AHD/2003 AND OTHER APPEALS OF THE ASSESSEE AND POST THE HEARING 24- 06-2010. NO FURTHER NOTICE WILL BE SENT TO EITHER OF THE PARTIES FOR THESE APPEALS. 4. IN THE RESULT REVENUES MA IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 19/03/2010. SD/- SD/- (N.S.SAINI) (MAHAVIR SINGH) ACCOUNTANT MEMBER JUDICIAL MEMBER PLACE: AHMEDABAD. DATE : 19-03-2010 DKP* COPY OF THE ORDER FORWARDED TO :- 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT CONCERNED 4. THE CIT(A)-XV AHMEDABAD 5. THE DR ITAT AHMEDABAD 6. GUARD FILE (IN DUPLICATE) BY ORDER /TRUE COPY/ DR / AR ITAT AHMEDABAD