Klockner Desma Machinery Pvt. Ltd.,, Ahmedabad v. The ACIT., Circle-4,, Ahmedabad

IN THE INCOME TAX APPELLLATE TRIBUNAL AHMEDABAD BE NCHES D AHMEDABAD BEFORE S/SHRI MAHAV IR SINGH J.M.& SHRI D.C.AGRAWAL A.M M.A.NO.276/AHD/2009 (ARISING OUT ITA NO.895/AHD/2005 ASST.YEAR: 2001-02 KLOCKNER DESMA MACHINERY PVT. LTD. 53 MADHUBAN NR. MADALPUR UNDERGROUND ELLISBRIDGE AHMEDABAD PAN NO.AAACK8768N VS. ACIT CIRCLE-4 1 ST FLOOR NAVJEEVAN BUILDING B/H GUJARAT VIDHYAPITH ASHRAM ROAD AHMEDABAD (APPELLANT) (RESPONDENT) (ORIGINAL APPELLANT) (ORIGINAL RESPONDENT) APPELLANT BY : SHRI J.P.SHAH RESPONDENT BY: SHRI M.C.PAN DIT SR.DR ORDER PER MAHAVIR SINGH J.M. BY WAY OF THIS MISCELLANEOUS APPLICATION (MA) THE ASSESSEE HAS REQUESTED FOR RECALLING OF THE ORDER PASSED BY THE TRIBUNAL IN ITA NO.895/AHD/2005 DATED 08-05-2009. 2. THE LD. COUNSEL FOR THE ASSESSEE DRAWN OUR ATTEN TION THAT THE APPEAL WAS HEARD WITHOUT PROVIDING OPPORTUNITIES OF BEING HEARD AS WHEN THE MATTER WAS CALLED OUT FOR HEARING THE ASSESSEES COUNSEL WAS PRESENT AND WITHOUT HEARING THE MATTER WAS TAKEN AS HEARD. 3. WE FIND FROM THE LOG BOOK THAT NOTHING IS WRITTE N IN THE LOG BOOK AND ONE OF THE MEMBER WHO IS PARTY TO THE ORDER OF THE TRIBUNAL HAS ALRE ADY BEEN TRANSFERRED. IN THE INTEREST OF NATURAL JUSTICE WE RECALL THE ORDER AND DIRECT THE REGISTR Y TO FIX THE APPEAL IN REGULAR COURSE AND ASSESSEES MA IS ALLOWED. 4. IN THE RESULT ASSESSEES MA IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 22//01/2010 . SD/- SD/- (D.C.AGARWAL) (MAHAVIR SINGH) ACCOUNTANT MEMBER JUDICIAL MEMBER PLACE: AHMEDABAD. DATE : 22/01/2010 DKP* COPY OF THE ORDER FORWARDED TO :- 1. THE APPELLANT 4. THE CIT(A)-VI AHMEDABAD 2. THE RESPONDENT 5. THE DR ITAT AHMEDABAD 3. THE CIT CONCERNED 6. GUARD FILE (IN DUPLICATE) BY ORDER /TRUE COPY/ DR / AR ITAT A HMEDABAD