M/s Cachet Pharmaceuticals Ltd, v. DCIT,

MA 45/PAT/2009 | misc
Pronouncement Date: 24-02-2012 | Result: Allowed

Appeal Details

RSA Number 4524324 RSA 2009
Assessee PAN AAACC9312J
Bench Patna
Appeal Number MA 45/PAT/2009
Duration Of Justice 2 year(s) 4 month(s) 19 day(s)
Appellant M/s Cachet Pharmaceuticals Ltd,
Respondent DCIT,
Appeal Type Miscellaneous Application
Pronouncement Date 24-02-2012
Appeal Filed By Assessee
Order Result Allowed
Bench Allotted DB
Tribunal Order Date 24-02-2012
Assessment Year misc
Appeal Filed On 05-10-2009
Judgment Text
M.A. NO.45/PATNA/2009 M/S. CACHET PHARMACEUTICALS LTD. PATNA 1 IN THE INCOME TAX APPELLATE TRIBUNAL PATNA BENCH PATNA BEFORE: SHRI B.R. MITTAL JUDICIAL MEMBER AND SHRI SHAMIM YAHYA ACCOUNTANT MEMBER M.A. NO.45/PATNA/2009 (ARISING OUT OF ITA NO.515/PATNA/2007) ASSESSMENT YEAR : 2003 - 04 M/S. CACHET PHARMACEUTICALS LTD. PATNA VS. DCIT CIRCLE - 2 PATNA (APPELLANT) (RESPONDENT) PAN NO. AAACC 9312J APPELLANT BY: SHRI A.K. RASTOGI & SHRI RAKESH KUMAR ADVOCATES RESPONDENT BY: SHRI SANJAY MUKHERJEE D.R. DATE OF HEAR I NG: 24 .02.2012 DATE OF PRONOUNCEMENT: 24 .02.2012 ORDER PER B.R. MITTAL JUDICIAL MEMBER:- BY THIS MISCELLANEOUS APPLICATION U/S 254(2) OF T HE INCOME-TAX ACT THE ASSESSEE HAS STATED THAT THE ORDER PASSED BY TH E TRIBUNAL DATED 24.7.2009 IN ITA NO.515/P/2007 FOR ASSESSMENT YEAR 2003-04 THERE IS A MISTAKE AS THE TRIBUNAL HAS FAILED TO CONSIDER GROU ND NOS.3 & 4 OF THE APPEAL FILED BY THE ASSESSEE. 2. DURING THE COURSE OF HEARING LD. A.R. SUBSTANTI ATED THE CONTENTS OF THE APPLICATION BY REFERRING TO THE ORDER OF TRIBUN AL AND THE GROUNDS OF APPEAL TAKEN IN THE APPEAL FILED BY THE ASSESSEE AN D SUBMITTED THAT THE ORDER OF THE TRIBUNAL BE RECALLED FOR CONSIDERING GROUND NOS.3 & 4 OF THE APPEAL TAKEN BY THE ASSESSEE. LD. D.R. HAS NOT DISPUTED T HE SUBMISSION OF LD. A.R. 3. ON CONSIDERATION OF SUBMISSIONS OF THE LD. REPRE SENTATIVES OF THE PARTIES AND AFTER PERUSING THE ORDER OF TRIBUNAL DA TED 24.7.2009 (SUPRA) WE AGREE THAT THERE IS A MISTAKE IN THE ORDER OF THE T RIBUNAL AS THE TRIBUNAL HAS M.A. NO.45/PATNA/2009 M/S. CACHET PHARMACEUTICALS LTD. PATNA 2 NOT CONSIDERED GROUND NOS.3 & 4 OF THE APPEAL TAKEN BY THE ASSESSEE. THEREFORE WE RECALL THE ORDER OF THE TRIBUNAL DATE D 24.7.2009 FOR THE LIMITED PURPOSE TO CONSIDER GROUND NOS.3 & 4 OF THE APPEAL. THE REGISTRY IS DIRECTED TO FIX THE APPEAL BEFORE THE BENCH TO DECIDE GROUND NOS.3 & 4 OF THE APPEAL TAKEN BY THE ASSESSEE. 4. IN THE RESULT THE APPLICATION OF THE ASSESSEE I S ALLOWED. PRONOUNCED IN THE OPEN COURT ON 24 TH FEBRUARY 2012 SD/ - SD/ - ( SHAMIM YAH YA ) ( B.R. MITTAL ) ACCOUNTANT MEMBER JUDICIAL MEMBER VG/SPS PATNA DATED 24 TH FEBRUARY 2012 COPY TO 1 M/S. CACHET PHARMACEUTICALS (P) LTD. EXHIBITION RO AD PATNA - 1 2 DCIT CIRCLE - 2 PATNA 3 CIT PATNA 4 THE CIT (A) PATNA 5 THE DR ITAT PATNA 6 GUARD FILE. BY ORDER ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL PATNA