MA NO. 125/DEL/2012
IN THE INCOME TAX APPELLATE TRIBUNAL
DELHI BENCH "F" NEW DELHI
BEFORE SHRI A.D. JAIN, JUDICIAL MEMBER
AND
SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER
MA NO. 125/Del/2012
(IN ITA NO. 5166/DEL/2011)
A.Y. ------
Indian Institute of Gems & Jewellery, vs. Director of Income Tax (Exemption)
F-Block, I-7, Ground Floor, Aayakar Bhavan, Distt. Centre,
Jhandewalan, Laxmi Nagar, Delhi 110 092
New Delhi 110 055
(PAN : AACC13760L)
(Appellant] (Respondent)
ASSESSEE BY : Sh. Avineesh Matta, CA
DEPARTMENT BY : Ms. Meeta Sinha, D.R.
ORDER
PER SHAMIM YAHYA, AM
By way of this Misc. application assessee seeks recall of order of the
Tribunal passed in ITA No. 5166/Del/2011 dated 19.1.2012. The said appeal was
dismissed for non-prosecution. Now the assessee has submitted that an
employee was entrusted with the task of filing of appeal before the ITAT who left
the job without handing-over the acknowledgement of filing. Hence, the assessee
came to know about the order only when exparte order was passed by the
Tribunal. Accordingly, it is pleaded that the aforesaid order of the Tribunal be
recalled and assessee be granted an opportunity to canvas the case on merits.
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MA NO. 125/DEL/2012
Ld. Departmental Representative did not have any objection to the above
proposition. Accordingly, after careful consideration, we recall our aforesaid
order dated 19.1.2012. The Registry is directed to fix the appeal on 28.1.2013.
2. In the result, the Misc. application filed by the assessee stands allowed.
Order pronounced in the open court on 30/11/2012.
Sd/- Sd/-
[A.D. JAIN] [SHAMIM YAHYA]
JUDICIAL MEMBER ACCOUNTANT MEMBER
Date: 30/11/2012
SRBhatnagar
Copy forwarded to: -
1. Indian Institute of Gems & Jewellery, F-Block, I-7, Ground Floor, Jhandewalan,
New Delhi 110 055
Also at:-
AVA & Associates, Chartered Accountants, 4-F, Gopala Tower, Rajendra Place,
New Delhi 110 008.
2. Director of Income Tax (Exemptions), Aayakar Bhavan, Distt. Centre,
Laxmi Nagar, Delhi 110 092.
3. CIT
4. CIT (A)
5. DR, ITAT
TRUE COPY By Order,
Deputy Registrar,
ITAT, Delhi Benches
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