DINESH J. MODY, V. ITO WD 4(2)(2),

MA 105/MUM/2012

• Counselvise Citation: [2012] 123 COUNSELVISE.COM (IT) 8751 (ITAT-MUMBAI)
• Duration Of Justice: 5 month(s) 2 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 20-07-2012
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: D
• Assessment Year: 2006-2007
• Appeal Filed On: 17-02-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI D BENCH MUMBAI BENCHES, MUMBAI BEFORE SHRI P M JAGTAP, AM & SHRI VIJAY PAL RAO, J M MISCELLENEOUS APPLICATION NO. 105/MUM/2012 ARISING OUT OF ITA NO. 6101/MUM/2010 (ASST YEAR 2006-07) SHRI DINESH J MODY 30 SWADHIN SADAN, C ROAD CHURCHGATE MUMBAI 20 VS THE INCOME TAX OFFICER WARD 11(2)(2), MUMBAI (APPELLANT) (RESPONDENT) PAN NO. AADPM6808D ASSESSEE BY SH DHARMESH SHAH REVENUE BY SH C G K NAIR DT.OF HEARING 20 TH JULY 2012 DT OF PRONOUNCEMENT 20 TH JULY 2012 PER VIJAY PAL RAO, JM THE ASSESSEE HAS FILED THIS MISCELLANEOUS APPLICATI ON WITH PRAYER TO RECALL THE ORDER OF THE TRIBUNAL IN ITA NO 6101/MUM/2010 D ATED 25TH OCT 2011 DISMISSING THE APPEAL OF THE ASSESSEE FOR NON PROSE CUTION. 2 WE HAVE HEARD THE PARTIES AND CONSIDERED THE AV ERMENTS MADE IN THE AFFIDAVIT FILED BY THE ASSESSEE AS WELL AS THE CHAR TERED ACCOUNTANT ALONG WITH THE APPLICATION AND ARE SATISFIED THAT THERE WAS REASON ABLE CAUSE FOR NON ATTENDANCE OF THE ASSESSEE OR HIS COUNSEL/A.R ON THE DATE OF H EARING. WE, THEREFORE, RECALL OUR ORDER IN ITA NO 6101/MUM/2010 DATED 25TH OCT 2011 . 4 THE APPEAL IS FIXED FOR HEARING ON 17 TH SEPT 2012. SINCE THE DATE OF HEARING WAS PRONOUNCED IN THE OPEN COURT IN THE PRESENCE OF BOTH THE PARTIES, THEREFORE, NO SEPARATE NOTICES WILL BE ISSUED TO THE PARTIES. THE REGISTRY IS DIRECTED TO FIX THE APPEALS ACCORDINGLY FOR HEARING. MA NO.105/M/2012. SHRI DINESH J MODY 2 5 IN THE RESULT, THE MISCELLANEOUS APPLICATION FILE D BY THE ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT AT THE TIME OF H EARING I.E 20 TH JULY 2012 SD/ SD/- ( P M JAGTAP ) ACCOUNTANT MEMBER ( VIJAY PAL RAO ) JUDICIAL MEMBER PLACE: MUMBAI : DATED:20 TH , JULY 2012 RAJ* COPY FORWARDED TO: 1 APPELLANT 2 RESPONDENT 3 CIT 4 CIT(A) 5 DR /TRUE COPY/ BY ORDER DY /AR, ITAT, MUMBAI