WTO.-3(3), Mathura v. Sh. Late P.D. Bhargava, L/H Sh. O.P.Bhargava, Haldwani

MA 37/AGR/2007 | misc
Pronouncement Date: 16-04-2010 | Result: Allowed

Appeal Details

RSA Number 3720324 RSA 2007
Bench Agra
Appeal Number MA 37/AGR/2007
Duration Of Justice 2 year(s) 10 month(s) 23 day(s)
Appellant WTO.-3(3), Mathura
Respondent Sh. Late P.D. Bhargava, L/H Sh. O.P.Bhargava, Haldwani
Appeal Type Miscellaneous Application
Pronouncement Date 16-04-2010
Appeal Filed By Department
Order Result Allowed
Bench Allotted DB
Tribunal Order Date 21-04-2010
Date Of Final Hearing 16-04-2010
Next Hearing Date 16-04-2010
Assessment Year misc
Appeal Filed On 24-05-2007
Judgment Text
1 MA 37-07 IN THE INCOME TAX APPELLATE TRIBUNAL AGRA BENCH : AGRA. ( BEFORE SHRI R.K. GUPTA AND SHRI P.K. BANSAL ) M.A. NO. 37/AG./2007 (ARISING OUT OF ITA NO. 101/AG/1994007) ASSTT. YEAR : 1986-87. THE WEALTH-TAX OFFICER VS. SHRI P.D. BHARGAVA WARD 3(3) MATHURA. RADHA MADHAV MANDIR PURANI KALIDAH VRINDABAN MATHURA. (APPLICANT) (RESPONDENT) APPLICANT BY : SHRI S.R. SAHU JR. D/R RESPONDENT BY : NONE ORDER PER R.K. GUPTA J.M. THIS IS A MISCELLANEOUS APPLICATION FILED BY THE D EPARTMENT ARISING OUT OF THE ORDER OF THE TRIBUNAL DECIDED IN ITA NO. 101/AG./19 94 FOR ASSESSMENT YEAR 1986-87. 2. THE APPEAL OF THE DEPARTMENT WAS DISMISSED BY TH E TRIBUNAL BY OBSERVING THAT SINCE THE DEPARTMENT FAILED TO SERVE THE NOTICE ON THE ASSESSEE AND ACCORDINGLY APPEAL OF THE DEPARTMENT WAS DISMISSED IN LIMINI. NOW THE DEP ARTMENT HAS PROVIDED FRESH ADDRESS OF THE ASSESSEE AND ON THE FRESH ADDRESS NOTICE WAS SENT BY THE TRIBUNAL ON THE ASSESSEE. THE NOTICE WAS RECEIVED BY THE ASSESSEE ALSO. COPY OF ACKNOWLEDGEMENT RECEIPT IS PLACED 2 ON RECORD. THEREFORE TO MEET THE ENDS OF JUSTICE W E RECALL THE ORDER OF THE TRIBUNAL TO DECIDE THE APPEAL OF THE DEPARTMENT ON MERITS. 3. THE REGISTRY IS DIRECTED TO FIX THE APPEAL OF TH E DEPARTMENT IN DUE COURSE OF TIME. WE ORDER ACCORDINGLY. 4. IN THE RESULT MISCELLANEOUS APPLICATION IS ALLO WED. 5. THE ORDER IS PRONOUNCED IN THE OPEN COURT ON 16- 04-2010. SD/- SD/- ( P.K. BANSAL ) ( R.K. GUPTA ) ACCOUNTANT MEMBER JUDICIAL MEMBER AGRA DATED : 21/04/2010. D/- COPY FORWARDED TO :- THE APPELLANT THE RESPONDENT THE CIT THE CIT (A) CONCERNED. THE D/R ITAT AGRA. GUARD FILE (MA NO. 37/AG/2007) BY ORDER AR ITAT AGRA.