FUNDTECH INIDA LTD, V. ITO WD 8(1)(1),

MA 100/MUM/2010

• Counselvise Citation: [2010] 123 COUNSELVISE.COM (IT) 5009 (ITAT-MUMBAI)
• Duration Of Justice: 6 month(s) 4 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 20-08-2010
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: L
• Assessment Year: 2001-2002
• Appeal Filed On: 15-02-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: MAYANK PRIYADARSHI

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH H MUMBAI BEFORE SHRI S.V. MEHROTRA (AM) AND SMT. ASHA VIJAYARAGHAVAN (JM) M.A. NO. 100/MUM/2010 (ARISING OUT OF ITA NO.1419/MUM/2005 ASSESSMENT YEAR- 2001-02 FUNDTECH INDIA LTD., B-705, EVEREST CHAMBERS, ANDHERI KURLA ROAD, NEAR MAROL NAKA, ANDHERI (E), MUMBAI-400 059 PAN-AAACS 7155D VS. THE ITO - 8(1)(1), AAYAKAR BHAVAN, MUMBAI-400 020 (APP LICANT ) (RESPONDENT) APP LICANT BY: SHRI NISHANT THAKKAR RESPONDENT BY: SHRI MAYANK PRIYADARSHI O R D E R PER SMT. ASHA VIJAYARAGHAVAN (JM) BY THIS MISCELLANEOUS APPLICATION, THE ASSESSEE SEE KS TO RECALL THE EX PARTE ORDER OF THE TRIBUNAL PASSED ON 7 TH APRIL, 2008 PLEADING THAT NON ATTENDANCE BEFORE THE TRIBUNAL WAS BECAUSE THE ASSESSEE HAD MOVED TO A NEW OFFICE PREMISES FROM 1 ST JULY, 2005 AND THE NAME OF THE COMPANY HAD ALSO CHANGED ON 25.6.2008, HENCE T HE NOTICE OF HEARING WAS RETURNED TO THE TRIBUNAL WITH THE REMAR K LEFT. THE ASSESSEE FURTHER SUBMITTED THAT SINCE THEY DID NOT RECEIVE THE NOTICE OF HEARING, THEY COULD NOT APPEAR BEFORE THE TRIBUNAL. CONSEQUENT UPON THE CHANGE OF NAME, THE ASSESSEE HAS NOW PRODUCED A CERTIFICATE FROM GOVT. OF INDIA, MINISTRY OF CORPORATE AFFAIRS, MAHA RASHTRA, MUMBAI M.A. NO. 100/N/2010 2 SHOWING THE CHANGE OF NAME FROM CASHTECH SOLUTIONS (INDIA) LTD. TO FUNDTECH INDIA LTD. 2. WE FIND THAT THE REASONS GIVEN BY THE ASSESSEE T O BE SATISFACTORY AND ACCORDINGLY, WE ACCEPT THE SAME. 3. ACCORDINGLY, WE RECALL THE ORDER DT. 7 TH APRIL, 2008 AND DIRECT THE REGISTRY TO FIX THIS APPEAL FOR FRESH HEARING ON 12 .10.2010. SINCE THE DATE WAS ANNOUNCED IN THE COURT, NO FORMAL NOTICE W ILL BE ISSUED TO THE PARTIES FOR THE HEARING OF THIS APPEAL ON 12.10.201 0. 3. IN THE RESULT, THE MISCELLANEOUS APPLICATION FIL ED BY THE ASSESSEE IS ALLOWED. ORDER PRONOUNCED ON THIS 20 TH DAY OF AUGUST, 2010 SD/- SD/- (S.V. MEHROTRA ) (ASHA VIJAYARAGHAVAN) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI, DATED 20 TH AUGUST, 2010 RJ COPY TO : 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT-CONCERNED 4. THE CIT(A)-CONCERNED 5. THE DR H BENCH TRUE COPY BY ORDER ASSTT. REGISTRAR, I.T.A.T, MUMBAI M.A. NO. 100/N/2010 3 DATE INITIALS 1 DRAFT DICTATED ON: 3.8 .2010 SR. PS/PS 2. DRAFT PLACED BEFORE AUTHOR: 4.8.2010 ______ SR. PS/PS 3. DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER: _________ ______ JM/AM 4. DRAFT DISCUSSED/APPROVED BY SECOND MEMBER: _________ ______ JM/AM 5. APPROVED DRAFT COMES TO THE SR. PS/PS: _________ ______ SR. PS/PS 6. KEPT FOR PRONOUNCEMENT ON: _________ ______ SR. PS/PS 7. FILE SENT TO THE BENCH CLERK: _________ ______ SR. PS/PS 8. DATE ON WHICH FILE GOES TO THE HEAD CLERK: _________ ______ 9. DATE OF DISPATCH OF ORDER: _________ ______