PARNAX LAB P. LTD, MUMBAI V. DCIT CIR 7(1), MUMBAI

ITA 471/MUM/2009

• Counselvise Citation: [2010] 119 COUNSELVISE.COM (IT) 6106 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 10 month(s) 12 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-12-2010
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Next Hearing Date: 29-11-2010
• Assessment Year: 2002-2003
• Appeal Filed On: 21-01-2009
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: AJIT KUMAR SINHA
• Assessee Lawyers: M SUBRAMANIAN
• Section: 263

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH C, MUMBAI BEFORE SHRI J. SUDHAKAR REDDY, ACCOUNTANT MEMBER AND SHRI VIJAY PAL RAO, JUDICIAL MEMBER. I.T.A. NOS. 471 & 472/MUM/2009. ASSESSMENT YEAR : 2002-03 & 2004-05. M/S PARNAX LAB LTD., DY. COMMISSIONER OF INCOME-TAX, 104/107, JOGANI INDUSTRIAL VS. CIRCLE-7(1), MUMBAI. COMPLEX, BUILDING NO. 8, CHUNNABHATTI, SION, MUMBAI 400 022. P.A. NO. AABCP4319B APPELLANT. RESPONDENT. APPELLANT BY : SHRI M. SUBRAMANIAN. RESPONDENT BY : SHRI AJIT KUMAR SINHA. O R D E R PER J. SUDHAKAR REDDY, A.M. : BOTH THESE APPEALS ARE FILED BY THE ASSESSEE AND A RE DIRECTED AGAINST SEPARATE ORDERS OF THE COMMISSIONER OF INCOME TAX-7, MUMBAI DATED 18-11-2008, PASSED U/S 263 OF THE INCOME-TAX ACT, 1961 FOR THE ASSESSM ENT YEARS 2002-03 AND 2004-05 RESPECTIVELY. 2. WE HAVE HEARD MR. M. SUBRAMANIAN, LEARNED COUNSE L FOR THE ASSESSEE AND SHRI AJIT KUMAR SINHA, LEARNED DR. 2 3. WE FIND THAT THE CASE WAS FIXED FOR HEARING ON 2 7-10-2008, ON WHICH DATE THE ADVOCATE MR. SUBRAMANIAN GAVE AN ADJOURNMENT LE TTER. THE COUNSEL PLEADED THAT HIS FATHER WAS SERIOUSLY ILL AND WANTED A WEEK S TIME. THIS ADJOURNMENT WAS REJECTED BY THE LEARNED COMMISSIONER. IN OUR CONSID ERED OPINION, BOTH THE APPEALS SHOULD BE SET ASIDE TO THE FILE OF THE COMMISSIONER OF INCOME TAX-7, MUMBAI FOR FRESH ADJUDICATION, ON THE GROUND OF NATURAL JUSTIC E. THE LEARNED C.I.T.-7, MUMBAI SHALL AFFORD ADEQUATE OPPORTUNITY TO THE ASSESSEE. 4. IN THE RESULT, BOTH THE APPEALS ARE ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 3 RD DEC., 2010. SD/- SD/- (VIJAY PAL RAO) (J. SUDHAKAR REDDY) JUDICIAL MEMBER. ACCO UNTANT MEMBER MUMBAI, DATED: 3 RD DEC., 2010. COPY TO : 1. APPELLANT 2. RESPONDENT 3. C.I.T. 4. CIT(A) 5. DR, C-BENCH (TRUE COPY) BY ORDE R ASSTT. REGISTRAR, ITAT, MU MBAI. WAKODE