M/s. Surbhi Milkfood & Beverage Ltd.,, Ahmedabad v. The ACIT., Circle-8,, Ahmedabad

MA 342/AHD/2009 | 2002-2003
Pronouncement Date: 29-01-2010 | Result: Allowed

Appeal Details

RSA Number 34220524 RSA 2009
Assessee PAN AAECS8430R
Bench Ahmedabad
Appeal Number MA 342/AHD/2009
Duration Of Justice 3 month(s) 20 day(s)
Appellant M/s. Surbhi Milkfood & Beverage Ltd.,, Ahmedabad
Respondent The ACIT., Circle-8,, Ahmedabad
Appeal Type Miscellaneous Application
Pronouncement Date 29-01-2010
Appeal Filed By Assessee
Order Result Allowed
Bench Allotted A
Tribunal Order Date 29-01-2010
Assessment Year 2002-2003
Appeal Filed On 09-10-2009
Judgment Text
- 1 - IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCH A AHMEDABAD BEFORE S/SHRI T.K. SHARMA JM AND D.C.AGRAWAL AM M/S SURBHI MILKFOOD & BEVERAGES LTD. 28/29 RANGEEN PARK OPP. RAJPATH CLUB NR. KIRAN MOTORS BODAKDEV S.G. HIGHWAY AHMEDABAD-380059. V/S . ASSTT. C.I.T. CIRCLE-8 AHMEDABAD. PAN NO.AAECS 8430 R (APPELLANT) .. (RESPONDENT) APPELLANT BY :- SHRI M. J. SHAH AR RESPONDENT BY:- SHRI C. K. MISHRA SR.DR O R D E R PER D.C.AGRAWAL ACCOUNTANT MEMBER . THIS MISCELLANEOUS APPLICATION ARISING OUT OF ITA NO.1159/AHD/2006 FOR ASST. YEAR 2002-03 HAS BEEN FI LED BY THE ASSESSEE AGAINST THE ORDER DATED 19.12.2008 PASSED BY THE TR IBUNAL. 2. IN THIS APPLICATION THE ASSESSEE STATES THAT THE APPEAL OF THE ASSESSEE WAS DISMISSED IN LIMINE VIDE ABOVE ORDER DUE TO NON -APPEARANCE AND NON- INTIMATION OF CHANGE OF ADDRESS TO THE REGISTRY. TH E ASSESSEE HAS CONFESSED ITS MISTAKE FOR NOT INTIMATING THE CHANGE OF ADDRESS AND NOW IT HAS GIVEN THE NEW ADDRESS AS UNDER:- M.A. NO.342/AHD/2009 ARISING OUT OF ITA NO.1159/AHD/2006 ASST. YEAR :2002-03 2 M/S SURBHI MILKFOOD & BEVERAGES LTD. 28/29 RANGEEN PARK OPP. RAJPATH CLAUB NR. KIRAN MOTORS BODAKDEV S.G. HIGHWAY AHMEDABAD-380059. IT ASSURED THAT THIS KIND OF LAPSE WILL NOT ARISE A GAIN. 3. AFTER HEARING THE LD. REPRESENTATIVES OF BOTH TH E PARTIES WE ARE OF THE VIEW THAT IN THE INTEREST OF JUSTICE ASSESSEE SHOULD BE GIVEN ONE MORE CHANCE TO REPRESENT ITS CASE. THEREFORE WE RECALL THE ORDER OF THE TRIBUNAL AND DIRECT THE REGISTRY TO FIX THE APPEAL IN DUE CO URSE OF TIME. 4. IN THE RESULT MISC. APPLICATION OF ASSESSEE IS ALLOWED. SD/- SD/- (T.K. SHARMA) (D.C.AGRAWAL) JUDICIAL MEMBER ACCOUNTANT MEMBER AHMEDABAD DATED : 29.01.2010 MAHATA/- COPY OF THE ORDER FORWARDED TO :- 1. THE APPELLANT. 2. THE RESPONDENT. 3. THE CIT(APPEALS)- 4. THE CIT CONCERNS. 5. THE DR ITAT AHMEDABAD 6. GUARD FILE. BY ORDER DEPUTY / ASSTT.REGISTRAR ITAT AHMEDABAD ORDER PRONOUNCED IN OPEN COURT ON 29.01.2010