M/s. MARINE CARRIERS P. LTD., MUMBAI V. ACIT - 3(2), MUMBAI

ITA 2828/MUM/2007

• Counselvise Citation: 282819914 RSA 2007
• Duration Of Justice: 4 year(s) 2 month(s) 12 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-06-2011
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Next Hearing Date: 03-10-2012
• Assessment Year: 2001-2002
• Appeal Filed On: 12-04-2007
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: KUBAL
• Assessee Lawyers: HARI S RAHEJA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES B , MUMBAI BEFORE SHRI. D.K. AGARWAL (J.M.) AND SHRI. PRAMOD K UMAR (A.M.) M.A. NO.147/MUM/2011 (ARISING IN ITA NO. 2828/MUM/2007) ASSESSMENT YEAR: 2001-2002 MARINE CARRIERS PVT. LTD., 88-A JOLLY MAKER CHAMBERS NO.2, NARMAN POINT, MUMBAI 400 021. PAN: AAACM4456F VS. THE ASSTT. COMMISSIONER OF INCOME TAX 3 (2), AYAKAR BHAVAN, MUMBAI. (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI HARI S. RAHEJA, RESPONDENT BY : SHRI. M.R. KUBAL, D.R O R D E R PER PRAMOD KUMAR, A.M. 1. THIS MISCELLANEOUS APPLICATION FLED BY THE ASSES SEE ARISES OUT OF THE ORDER OF ITAT B-1 BENCH, MUMBAI BENCHES, MUMBAI, IN ITA NO. 2828/MUM/2007 (A.Y. 2001-02), DATED 6 TH JANUARY, 2009, WHICH WAS PASSED EX-PARTE BY THE ITAT. THE ASSESSEE IN THE M A, BESIDES MENTIONING THE REASONS FOR NOT ATTENDING THE HEARING OF ITS CA SE, REQUESTED THAT NON ATTENDANCE ON THE DATE OF HEARING WAS OUT OF INADVE RTENCE AND NOT AS THE ASSESSEE DISINTERESTED IN PROSECUTION OF APPEAL. 2. WE HAVE HEARD THE LEARNED COUNSEL OF THE ASSESSE E AND THE LEARNED DR IN THE MATTER. IN VIEW OF THE ABOVE AND THE FAC T THAT THE ASSESSEE IS INTERESTED IN PROSECUTING ITS APPEAL, THE ORDER OF THE ITAT ( SUPRA) IS RECALLED. THE M.A. NO. 147/MUM/2011 A.Y.: 2001-2002 MARINE CARRIERS PVT.LTD 2 REGISTRY IS DIRECTED TO FIX THE APPEAL ON 12/09/2011 FOR HEARING AND ADJUDICATING THE APPEAL ON MERITS, WHICH IS ANNOUNC ED IN THE OPEN COURT. 3. IN THE RESULT, THE MISCELLANEOUS APPEAL FILED B Y THE ASSESSEE IS ALLOWED AS INDICATED ABOVE. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 24 TH DAY OF JUNE, 2011. SD/- (D.K. AGARWAL.) JUDICIAL MEMBER SD/- (PRAMOD KUMAR) ACCOUNTANT MEMBER MUMBAI, DATED 24 TH JUNE, 2011. OKK* COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. COMMISSIONER OF INCOME TAX (APPEALS)- III, MUMB AI 4. COMMISSIONER OF INCOME TAX, CONCERNED. 5. DEPARTMENTAL REPRESENTATIVE, BENCH B-1, MUMBA I TRUE COPY BY ORDER ASSTT. REGISTRAR, ITAT, MUMBAI