Appeal details
Counselvise Citation
[2019] 117 COUNSELVISE.COM (IT) 2019 (ITAT-MUMBAI)
Assessee PAN
Bench
Appeal Number
Duration Of Justice
1 year(s) 4 month(s)
Appellant
Respondent
Appeal Type
Miscellaneous Application
Pronouncement Date
14-06-2019
Appeal Filed By
Assessee
Order Result
Allowed
Bench Allotted
F
Assessment Year
1999-2000
Appeal Filed On
14-02-2018
Judgement Text
IN THE INCOME TAX APPELLATE TRIBUNAL F , BENCH MUMBAI BEFORE SHRI MAHAVIR SINGH, JM & SHRI , M.BALAGANESH, AM M A NO. 109 / MUM/20 1 8 (ARISING OUT OF ITA NO.4218/MUM/2018) ( ASSESSMENT YEAR : 1999 - 2000 ) M/S.VIDYUT METALLICS PVT.LTD. MALHOTRA HOUSE, 4 T H FLOOR, OPP. GPO FORT, MUMBAI 400 001 VS. THE A.C.I.T 2(3) AAYAKAR BHAVAN MUMBAI 400 020 PAN/GIR NO. ( APPELLANT ) .. ( RESPONDENT ) ASSESSEE BY SHRI M. BALASUBRAMANIAN REVENUE BY SHRI CHAITANYA ANJARIA DATE OF HEARING 14 / 06 /201 9 DATE OF P RONOUNCEMENT 14 / 06 /201 9 / O R D E R PER M. BALAGANESH (A.M) : THIS MISCELLANEOUS APPLICATION AROSE OUT OF ITA NO.4218/MUM/2018. 2. BY THE VIRTUE OF THIS MISCELLANEOUS APPLICATION, THE ASSESSEE SEEKS TO RECALL THE EXPARTE ORDER PASSED BY THIS TRIBUNAL IN ITA NO.4218/MUM/2018 FOR A.Y.1999 - 2000 ON 18/02/2014. THE ASSESSEE HAS FILED AN AFFIDAVIT WHEREIN HE HAS STATED THAT THERE WERE SERIOUS DISPUTES BETWEEN THE DIRECTORS, MANAGEMENT AND THE SHARE HOLDERS OF THE COMPANY WHICH HAD TRAVELLED UP TO COMPANY LAW BOARD, HONBLE HIGH M.A.NO.109/MUM/2018 M/S.VIDYUT METALLICS PVT. LTD. 2 COURT AND HONBLE SUPREME COURT AND PURSUANT TO WHICH HOSTILE DIRECTORS HAVE BEEN REMOVED AND NEW DIRECTORS WERE APPOINTED IN THE COMPANY. IN THE SAID AFFIDAVIT IT WAS ALSO STATED THAT THE PRESENT MANAGEMENT HAS STAR TED ATTENDING TO THE PENDING LITIGATION MATTERS IN THE BANK AND ACCORDINGLY SOUGHT FOR ONE MORE OPPORTUNITY TO BE GIVEN TO THEM FOR ADJUDICATION OF THE CASE ON MERITS. 3. WE HAVE GONE THROUGH THE SAID AFFIDAVIT AND WE FIND REASONABLE CAUSE HAS BEEN ADDUCED BY THE ASSESSEE FOR NON - APPEARANCE ON THE SCHEDULED DATE OF HEARING ON 18/02/2014 AND ACCORDINGLY, WE ARE INCLINED TO RECALL THE SAID ORDER DATED 18/02/2014. THE NOTICE OF HEARING HAS BEEN GIVEN TO BOTH THE PARTIES IN THE BENCH. THE REGISTRY IS DIRECTED T O FIX THE MAIN APPEAL FOR HEARING ON 24/07/2019. 4. IN THE RESULT, MISCELLANEOUS APPLICATION IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 14 / 06 /201 9 SD/ - ( MAHAVIR SINGH) SD/ - ( M.BALAGANESH ) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI; DATED 14 / 06 /201 9 KARUNA SR. PS COPY OF THE ORDER FORWARDED TO : BY ORDER, ( ASSTT. REGISTRAR) ITAT, MUMBAI 1. THE APPELLANT 2. THE RESPONDENT. 3. THE CIT(A), MUMBAI. 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE. //TRUE COPY//
Mehul