M/s Cotex Co., Hathras v. I.T.O., Ward-3(4), Hathras

MA 5/AGR/2011 | 2005-2006
Pronouncement Date: 25-03-2011 | Result: Allowed

Appeal Details

RSA Number 520324 RSA 2011
Assessee PAN AAAFC5421D
Bench Agra
Appeal Number MA 5/AGR/2011
Duration Of Justice 1 month(s) 11 day(s)
Appellant M/s Cotex Co., Hathras
Respondent I.T.O., Ward-3(4), Hathras
Appeal Type Miscellaneous Application
Pronouncement Date 25-03-2011
Appeal Filed By Assessee
Order Result Allowed
Bench Allotted DB
Tribunal Order Date 25-03-2011
Date Of Final Hearing 25-03-2011
Next Hearing Date 25-03-2011
Assessment Year 2005-2006
Appeal Filed On 14-02-2011
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL AGRA BENCH AGRA BEFORE SHRI P.K. BANSAL ACCOUNTANT MEMBER AND SHRI H.S. SIDHU JUDICIAL MEMBER M.A. NO.05/AGR/2011 (IN ITA NO.568/AGR/2008) ASST. YEAR: 2005-06 M/S. COTEX CO. VS. INCOME TAX OFFICER BANS MANDI HATHRAS. WARD 3 (4) HATHRAS. (PAN : AAAFC 5421 D). (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI J.L. VERMA ADVOCATE RESPONDENT BY : SHRI VINOD KUMAR JR. D.R. ORDER PER H.S. SIDHU J.M. : THE ASSESSEE HAS FILED THE AFORESAID MISCELLANEOUS APPLICATION (M.A.) FOR RECALLING THE ORDER DATED 05.01.2011 VIDE WHICH THI S BENCH HAS DISMISSED THE APPEAL OF THE ASSESSEE AS UN-ADMITTED AND FOR WANT OF PROSECUTION IN LIMINE. 2. THE LD. COUNSEL FOR THE ASSESSEE STATED THAT THE ASSESSEE IS VERY MUCH INTERESTED IN PROSECUTING THE MATTER IN DISPUTE AND COULD NOT APPEAR BEFORE THE BENCH FOR THE REASON BEYOND THE CONTROL OF THE ASSE SSEE AND REQUESTED THAT THE 2 ORDER DATED 05.01.2011 MAY BE RECALLED AND THE MAIN APPEAL BE FIXED FOR HEARING BEFORE THE BENCH. 3. THE LD. D.R. HAS NOT RAISED ANY OBJECTION ON THE REQUEST OF THE ASSESSEE. 4. AFTER HEARING BOTH THE PARTIES AND PERUSING THE RELEVANT RECORDS AVAILABLE WITH US ESPECIALLY THE ORDER DATED 05.01.2011 AND THE CONTENTION OF THE ASSESSEE RAISED IN THIS M.A. WE ARE OF THE CONSIDERED OPINI ON THAT IN THE INTEREST OF JUSTICE ORDER DATED 05.01.2011 DESERVES TO BE RECALLED AND WE RECALL THE SAME BY ALLOWING THE M.A. FILED BY THE ASSESSEE WITH DIRECTION TO TH E REGISTRY TO FIX THE MAIN APPEAL FOR HEARING BEFORE THE BENCH IN ROUTINE MANNER. 5. IN THE RESULT THE M.A. FILED BY THE ASSESSEE IS ALLOWED. (ORDER PRONOUNCED IN THE OPEN COURT ON 25.03.2011) SD/- SD/- (P.K. BANSAL) (H.S. SIDHU) ACCOUNTANT MEMBER JUDICIAL MEMBER PLACE: AGRA DATE: 25 TH MARCH 2011 PBN/* 3 COPY OF THE ORDER FORWARDED TO: 1. APPELLANT 2. RESPONDENT BY ORDER 3. CIT CONCERNED 4. CIT (APPEALS) CONCERNED 5. DR ITAT AGRA BENCH AGRA 6. GUARD FILE ASSISTANT REGISTRAR INCOME-TAX APPELLATE TRI BUNAL AGRA TRUE COPY