Johnson Matthey India Pvt. Ltd, New Delhi v. DCIT Circle 4 (1), New Delhi

MA 473/DEL/2009 | 2002-2003
Pronouncement Date: 09-04-2010 | Result: Allowed

Appeal Details

RSA Number 47320124 RSA 2009
Assessee PAN AAACJ2919A
Bench Delhi
Appeal Number MA 473/DEL/2009
Duration Of Justice 7 month(s) 8 day(s)
Appellant Johnson Matthey India Pvt. Ltd, New Delhi
Respondent DCIT Circle 4 (1), New Delhi
Appeal Type Miscellaneous Application
Pronouncement Date 09-04-2010
Appeal Filed By Assessee
Order Result Allowed
Bench Allotted D
Tribunal Order Date 09-04-2010
Assessment Year 2002-2003
Appeal Filed On 31-08-2009
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL [ DELHI BENCH D DELHI ] BEFORE SHRI A. D. JAIN JM & SHRI K. D. RAN JAN AM MISC. APP. NO. 473 (DEL) OF 2009. [ IN I. T. APPEAL NO. 418 (DEL) OF 2008 ] ASSESSMENT YEAR : 2002-03. JOHNSON MATTHEY INDIA PVT. LTD. DY. COMMISSIONER OF INCOME-TAX 103 - ASHOKA ESTATE VS. C I R C L E : 4 (1) BARA KHAMBA ROAD N E W D E L H I. N E W D E L H I 110 001. P A N / G I R NO. AAACJ 2919 A. ( APPLICANT ) ( RE SPONDENT ) ASSESSEE BY : SHRI VIKAS SRIVASTAVA A. R.; DEPARTMENT BY : MS. MONA MOHANTY SR. D.R. ; O R D E R. PER K. D. RANJAN AM : THE LD. COUNSEL FOR THE ASSESSEE VIDE MISC. APPLICA TION HAS SUBMITTED TO RECALL THE EX-PARTE ORDER PASSED BY THE TRIBUNAL DATED 09 TH APRIL 2009. 2. IN THIS MISC. APPLICATION FILED BY THE LD. COUNS EL FOR THE ASSESSEE ALONG WITH AFFIDAVIT IT HAS BEEN SUBMITTED THAT THE ABOVE APPEAL WAS FIXED FOR HEARING BEFORE THE ITAT FOR 09 TH APRIL 2009. IT HAS FURTHER BEEN SUBMITTED IN THE AFFIDAV IT THAT ONE OF THE LD. COUNSELS FOR THE ASSESSEE 2 MISC. APP. NO. 473 (DEL) OF 2009. SHRI MAYANK AGGARWAL RECEIVED THE NOTICE OF FIXATI ON OF HEARING OF THE APPEAL BUT FAILED TO INFORM THE CONCERNED COUNSEL OF THE FIRM BEFORE PRO CEEDING ON LEAVE. HE HAS FURTHER STATED IN THE AFFIDAVIT THAT THERE WAS NO MALAFIDE INTENTION ON HIS PART. IT HAS BEEN SUBMITTED THAT THE ASSESSEE IS VERY MUCH INTERESTED IN GETTING THE APP EAL PROSECUTED AND THEREFORE HAS REQUESTED TO RECALL THE EX-PARTE ORDER DATED 09 TH APRIL 2009. ON THE OTHER HAND THE LD. SR. DR SU PPORTED THE ORDER OF THE TRIBUNAL. 3. WE HAVE HEARD BOTH THE PARTIES AND GONE THROUGH THE MATERIAL AVAILABLE ON RECORD. WE ARE SATISFIED THAT THE ASSESSEE WAS PREVENTED BY SU FFICIENT REASON FOR NOT APPEARING ON THE DATE OF HEARING. WE THEREFORE RECALL THE ORDER DATED 09 TH APRIL 2009. THE APPEAL IS FIXED FOR HEARING ON 08 TH JUNE 2010 FOR WHICH NO NOTICE WILL BE SERVED. BOTH THE PART IES WERE INFORMED IN THE OPEN COURT. 4. IN THE RESULT THE MISC. APPLICATION FILED BY TH E ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON : 9TH APRIL 2010. SD/- SD/- [ A. D. JAIN ] [ K. D. RANJAN ] JUDICIAL MEMBER ACCOUNTANT MEMBER DATED : 9 TH APRIL 2010. *MEHTA * COPY OF THE ORDER FORWARDED TO : - 1. APPLICANT. 2. RESPONDENT. 3. CIT 4. CIT (APPEALS) 5. DR ITAT NEW DELHI. TRUE COPY. BY ORDER. ASSISTANT REGISTRAR ITAT. 3 MISC. APP. NO. 473 (DEL) OF 2009.