Maharashi Dayanand Education Society, New Delhi v. CIT, Faridabad

MA 212/DEL/2010 | 2009-2010
Pronouncement Date: 04-02-2011 | Result: Allowed

Appeal Details

RSA Number 21220124 RSA 2010
Assessee PAN AAAJM0961G
Bench Delhi
Appeal Number MA 212/DEL/2010
Duration Of Justice 9 month(s) 13 day(s)
Appellant Maharashi Dayanand Education Society, New Delhi
Respondent CIT, Faridabad
Appeal Type Miscellaneous Application
Pronouncement Date 04-02-2011
Appeal Filed By Assessee
Order Result Allowed
Bench Allotted E
Tribunal Order Date 04-02-2011
Assessment Year 2009-2010
Appeal Filed On 21-04-2010
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH : FRIDAY F NEW DELHI) BEFORE SHRI A.D.JAIN JUDICIAL MEMBER AND SHRI SHAMIM YAHYA ACCOUNTANT MEMBER M.A. NO. 212/DEL./2010 (IN ITA NO.218/DEL./2009) (ASSESSMENT YEAR : 2009-10) MAHARISHI DAYANAND EDUCATION SOCIETY VS. CIT FAR IDABAD C/O S.K. SETH & CO. CAS M-91 CONNAUGHT CIRCUS NEW DELHI-110001. (PAN/GIR NO.AAAJM0961G) (APPLICANT) (RESPONDENT) ASSESSEE BY : SHRI S.K. SETH CA. REVENUE BY : SMT. MONA MOHANTY SR.DR ORDER PER A.D.JAIN JM IN THIS APPLICATION THE LD.AR OF THE ASSESSEE HAS CONTENDED THAT THE NOTICE FOR FIXING THE DATE OF HEARING THE APPEAL FIXED ON 01.0 2.2010 WAS NOT RECEIVED BY THE ASSESSEE AT THE ADDRESS GIVEN IN FORM NO.36. THE A SSESSEE SOCIETY WAS NOT EVEN AWARE OF THE DATE FIXED FOR HEARING OF THE CASE. AN AFFIDAV IT TO THIS EFFECT HAS ALSO BEEN FILED BY THE ASSESSEE. 2. THE CONTENTION OF THE ASSESSEE IS FOUND TO BE C ORRECT. ACCORDINGLY WE RECALL THE EX-PARTE ORDER PASSED ON 01.02.2010. IT BEING THE A SSESSEES APPEAL THE ASSESSEE OBVIOUSLY DOES NOT STAND TO GAIN BY NOT APPEARING B EFORE THE TRIBUNAL AT THE TIME OF THE HEARING OF THE APPEAL. THE ASSESSEES APPEAL IS FIXED FOR HEARING ON 19.04.2011 WHICH DATE HAS BEEN NOTED BY THE ASSESSEE. NO FRESH NOTI CE SHALL BE ISSUED SINCE THE DATE OF HEARING WAS PRONOUNCED IN THE OPEN COURT. 3. IN THE RESULT BOTH THE APPLICATION IS ALLOWED. 4. ORDER PRONOUNCED IN OPEN COURT ON THE DATE OF HE ARING I.E. 04.02.2011. SD/- SD/- (SHAMIM YAHYA) (A.D. JAIN) ACCOUNTANT MEMBER JUDICIAL MEMBER. DATED FEB. 04 2011. *SKB* COPY FORWARDED TO:- 1. THE APPLICANT 2. THE RESPONDENT 3. THE CIT 4. THE CIT FARIDABAD. 5. THE DR ITAT LOKNAYAK BHAWAN KHAN MARKET NEW DELHI. BY ORDER (ITAT NEW DELHI).