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Income Tax Appellate Tribunal - Delhi

Brown Multi-Wall Paper Bags Ltd., ... vs Assessee on 21 July, 2016

         IN THE INCOME TAX APPELLATE TRIBUNAL
              DELHI BENCHES : A : NEW DELHI
     BEFORE SHRI R.S. SYAL, AM & MS SUCHITRA KAMBLE, JM

                        ITA No.1155/Del/2011
                       Assessment Year : 2007-08

Brown Multi-Wall Paper Bags Ltd.,     Vs.       ITO,
1st Floor, Silver Line, SB Marg,                Ward 3(1),
JB Nagar, Andheri (East),                       New Delhi.
Mumbai.
PAN: AAACP2617H
     (Appellant)                                (Respondent)

              Assessee By       :   Shri Dushyant Kumar, Advocate
              Department By     :   Shri S.K. Jain, DR

           Date of Hearing            :     21.07.2016
           Date of Pronouncement      :     21.07.2016

                                 ORDER

This appeal filed by the assessee is directed against the order passed by the CIT(A) on 10.01.2011 in relation to the assessment year 2007-08.

2. This is a recalled matter inasmuch as the earlier ex parte order passed by the tribunal was subsequently recalled vide its later order dated 14.8.2013.

ITA No.1155/Del/2011

3. Shorn of unnecessary details, it is observed that the assessment order was passed u/s 144 determining total income at Rs.56.44 lac as against the returned income of Rs.Nil. The impugned order also came to be passed ex parte. The ld. AR has advanced reasons for the absence of the assessee before the authorities below, with which we are satisfied. Resultantly, the impugned order is set aside and the matter is restored to the file of AO for fresh decision after allowing an opportunity of being heard to the assessee. The ld. AR has undertaken to extend full cooperation to the AO in such fresh proceedings.

4. In the result, the appeal is allowed for statistical purposes.

The order pronounced in the open court on 21.07.2016.

           Sd/-                                            Sd/-

 [SUCHITRA KAMBLE]                               [R.S. SYAL]
  JUDICIAL MEMBER                            ACCOUNTANT MEMBER
Dated, 21st July, 2016.
dk




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                                 ITA No.1155/Del/2011




Copy forwarded to:
  1.   Appellant
  2.   Respondent
  3.   CIT
  4.   CIT (A)
  5.   DR, ITAT
                         AR, ITAT, NEW DELHI.




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