Central Bank of India, Karnal v. CIT, Karnal

MA 329/DEL/2010 | 2002-2003
Pronouncement Date: 19-10-2010 | Result: Allowed

Appeal Details

RSA Number 32920124 RSA 2010
Bench Delhi
Appeal Number MA 329/DEL/2010
Duration Of Justice 3 month(s) 28 day(s)
Appellant Central Bank of India, Karnal
Respondent CIT, Karnal
Appeal Type Miscellaneous Application
Pronouncement Date 19-10-2010
Appeal Filed By Assessee
Order Result Allowed
Bench Allotted B
Tribunal Order Date 19-11-2010
Assessment Year 2002-2003
Appeal Filed On 21-06-2010
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH : FRIDAY NEW DELHI BEFORE SHRI RAJPAL YADAV JUDICIAL MEMBER AND SHRI K.G. BANSAL ACCOUNTANT MEMBER MA NO. 329/DEL/2010 (IN ITA NO. 129/D/09) ASSTT. YEAR 2002-03 CENTRAL BANK OF INDIA G.T. ROAD KARNAL. VS. CIT(A) KARNAL APPELLANT RESPONDENT APPELLANT BY: SHRI SIDDHARTH JAIN CA RESPONDENT BY: MRS. BANITA DEVI SR. DR ORDER PER RAJPAL YADAV JM : THE PRESENT MISCELLANEOUS APPLICATION IS DIRECTED A T THE INSTANCE OF ASSESSEE CONTENDING THEREIN THAT ITS APPEAL WAS DISMISSED BY THE TRIBUNAL VIDE ORDER DATED 12.11.2009 FOR WANT OF PR OSECUTION. LD. COUNSEL FOR THE ASSESSEE SUBMITTED THAT APPEAL WAS LISTED FOR HEARING ON 12.11.2009. THE COUNSEL OF ASSESSE SHRI VIRENDRA PRATAP IS RESIDING AT YAMUNA NAGAR. HE STARTED FOR ATTENDING THE HEARI NG AT 6.30AM . DUE MA NO. 329/DEL/2010 (IN ITA NO.129/DEL/2009) AS STT. YEAR 2002-03 2 TO SOME PROBLEM ON THE ACCOUNT OF TRAFFIC HE COULD REACH AT THE TRIBUNAL AT 11.25 AM AT THAT TIME THE APPEAL OF THE ASSESSE E WAS ALREADY DISMISSED FOR WANT OF PROSECUTION. AN AFFIDAVIT OF SHRI VIRENDRA PRATAP HAS BEEN ANNEXED. 2. ON DUE CONSIDERATION OF THE MISCELLANEOUS APPLI CATION COUPLED WITH THE AFFIDAVIT OF THE COUNSEL WE SATISFIED THA T ASSESSEE HAS BEEN PROHIBITED BY SUFFICIENT REASON FOR NOT APPEARING B EFORE THE TRIBUNAL ON THE DATE OF HEARING. THEREFORE WE RECALL THE ORDER OF THE TRIBUNAL DATED 12.1.2009 AND RESTORE THE APPEAL I.E. ITA NO. 129/D /09 TO ITS ORIGINAL NUMBER. THE APPEAL WILL BE LISTED FOR HEARING ON 4 TH JANUARY 2011. THIS DATE HAS BEEN COMMUNICATED TO BOTH THE LD. REPRESEN TATIVE AND NO FRESH NOTICE WILL BE SERVED UPON THE PARTIES. 3. IN THE RESULT MISCELLANEOUS APPLICATION IS ALLO WED. ORDER PRONOUNCED IN THE OPEN COURT ON 19.11.2010. SD/- [K.G. BANSAL] [RAJPAL YADAV] ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 19.11.2010 VEENA COPY FORWARDED TO: - 1. APPELLANT 2. RESPONDENT MA NO. 329/DEL/2010 (IN ITA NO.129/DEL/2009) AS STT. YEAR 2002-03 3 3. CIT 4. CIT (A) 5. DR ITAT TRUE COPY BY ORDER DEPUTY REGISTRAR ITAT