Siemens Ltd. (Successor in interest to Siemens Healthcare Diagnostics Ltd.) v. The ACIT, Circle-2(1)(1), Baroda
[Citation -2019-LL-0820-226]

Citation 2019-LL-0820-226
Appellant Name Siemens Ltd. (Successor in interest to Siemens Healthcare Diagnostics Ltd.)
Respondent Name The ACIT, Circle-2(1)(1), Baroda
Court ITAT-Ahmedabad
Relevant Act Income-tax
Date of Order 20/08/2019
Assessment Year 2008-09
Judgment View Judgment
Keyword Tags reasonable cause • non-appearance • recalling order • non-receipt of notice
Bot Summary: Vide aforesaid ITAT order, Miscellaneous Application filed by the assessee was dismissed on account of non-prosecution as the assessee has failed to make M.A. No. 205/Ahd/2019 A.Y. 2008-09 Page No 2 Siemens Ltd. vs. ACIT compliance on the date of hearing on 10th October, 2018. Vide Miscellaneous Application, the assessee has submitted that it has not received the notice fixing the date of hearing on 10th October, 2018 because of shifting of its office to new location. Miscellaneous Application of the assessee is allowed. The order of ITAT vide ITA No. 812/Ahd/2017 on 16th October, 2018 is recalled. The registry is directed to list this case for hearing on 1st October, 2019. No separate notice will issued to the parties as the date of hearing was brought to the notice of both the sides at the time of disposal of this Miscellaneous Application. In the result, the Miscellaneous Application of the assessee is allowed.


IN INCOME TAX APPELLATE TRIBUNAL AHMEDABAD B BENCH Before: Shri Mahavir Prasad, Judicial Member And Shri Amarjit Singh, Accountant Member M.A. No. 205/Ahd/2019 (In ITA No. 812/Ahd/2017) Assessment Year 2008-09 Sie mens Ltd. (Successor ACIT, in interest to Siemens Circle-2(1)(1), Healthcare Diagnostics Vs Baroda Ltd.), Corporate Tax (Respondent) Department, Birla Aurora, Level 21, Plot No. 180, Dr. Annie Besant Road, Worli Mumbai-400030 PAN: AAACB8542M (Appellant) Revenue by: Shri L.P. Jain, Sr. D.R. Assessee by: Shri Sandip Mistry, A.R. Date of hearing : 02-08-2019 Date of pronounce ment : 20-08-2019 /ORDER PER : AMARJIT SINGH, ACCOUNTANT MEMBER:- assessee has filed this instant Miscellaneous Application against order of ITAT vide No. 812/Ahd/2017 on 16th October, 2018. Vide aforesaid ITAT order, Miscellaneous Application filed by assessee was dismissed on account of non-prosecution as assessee has failed to make M.A. No. 205/Ahd/2019 A.Y. 2008-09 Page No 2 Siemens Ltd. vs. ACIT compliance on date of hearing on 10th October, 2018. Vide Miscellaneous Application, assessee has submitted that it has not received notice fixing date of hearing on 10th October, 2018 because of shifting of its office to new location. 2. We have heard rival contentions and perused material on record. It appear that there is reasonable cause for not attending case on date of hearing because of shifting of office. Therefore, Miscellaneous Application of assessee is allowed. order of ITAT vide ITA No. 812/Ahd/2017 on 16th October, 2018 is recalled. registry is directed to list this case for hearing on 1st October, 2019. No separate notice will issued to parties as date of hearing was brought to notice of both sides at time of disposal of this Miscellaneous Application. 3. In result, Miscellaneous Application of assessee is allowed. Order pronounced in open court on 20-08-2019 Sd/- Sd/- (MAHAVIR PRASAD) (AMARJIT SINGH) JUDICIAL MEMBER ACCOUNTANT MEMBER Ahmedabad : Dated 20/08/2019 / Copy of Order Forwarded to:- 1. Assessee 2. Revenue 3. Concerned CIT 4. CIT (A) 5. DR, ITAT, Ahmedabad 6. Guard file. By order/ , M.A. No. 205/Ahd/2019 A.Y. 2008-09 Page No 3 Siemens Ltd. vs. ACIT Siemens Ltd. (Successor in interest to Siemens Healthcare Diagnostics Ltd.) v. ACIT, Circle-2(1)(1), Baroda
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