JAGANNATH N. JADHAV (PROP. SADGURU ENTERPRISES), V. DCIT 22(3),

MA 113/MUM/2011

• Counselvise Citation: [2011] 123 COUNSELVISE.COM (IT) 6466 (ITAT-MUMBAI)
• Duration Of Justice: 1 month(s) 21 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 08-04-2011
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: I
• Assessment Year: 2006-2007
• Appeal Filed On: 17-02-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S K SINGH
• Assessee Lawyers: SHAMBHUNATH KATARUKA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI I BENCH BEFORE SHRI D.K.AGARWAL, JUDICIAL MEMBER & SHRI T.R.SOOD, ACCOUNTANT MEMBER M.A.NO.113/MUM/2011 A.Y 2006-07 [ARISING OUT OF I.T.A.NO.265-MUM-2010] JAGANNATH N. JADHAV [PROP. SADGURU ENTERPRISES], B 3, 1 PSADMALAYA CHS, PLOT-B, 107, SECTOR 23, NERUL, NAVI MUMBAI 400 706 PAN: ABTPJ 7096 B VS. DY. COMMISSIONER OF INCOME TAX, 22 (3), MUMBAI (APPLICANT) (RESPONDENT) APPLICANT BY : SHRI SHAMBHUNATH KATARUKA. RESPONDENT BY : SHRI S. K. SINGH. O R D E R PER T.R.SOOD, AM: THROUGH THIS MISCELLANEOUS APPLICATION, ASSESSEE H AS SOUGHT RECALLING OF THE ORDER OF THE TRIBUNAL IN I.T.A.NO. 265/MUM/2010 THROUGH WHICH ASSESSEES APPEAL HAS BEEN DISMISSED IN LIMINE. 2. THE LD. COUNSEL OF THE ASSESSEE SUBMITTED THAT A SSESSEES APPEAL HAS BEEN DISMISSED IN LIMINE FOR NON PROSECU TION. IT WAS POINTED OUT THAT NOTICE OF HEARING WAS ISSUED THROU GH NOTICE BOARD AND ASSESSEE COULD NOT TAKE NOTE FROM THE NOTICE BOARD AND THAT IS WHY THE PROCEEDINGS COULD NOT BE ATTENDED. 3. ON THE OTHER HAND, LD. DR SUPPORTED THE ORDER OF THE TRIBUNAL. 4. AFTER CONSIDERING THE RIVAL SUBMISSIONS, WE ARE SATISFIED THAT THE ASSESSEE HAD SUFFICIENT REASON FOR NOT ATTENDING TH E PROCEEDINGS BEFORE THE TRIBUNAL. THEREFORE, WE RECALL THE ORDER OF THE TRIBUNAL IN 2 I.T.A.NO.265/MUM/10 DATED 13/10/2010 AND DIRECT THE REGISTRY TO FIX THE HEARING OF THE APPEAL ON 7/6/2011. THE ASSESSEE SHOULD TAKEN NOTICE FROM THIS ORDER ITSELF AS NO SEPARATE NOTICE WILL BE ISSUED. 5. IN THE RESULT, MISCELLANEOUS APPLICATION IS ALLO WED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS DAY OF 8 /4/2011. SD/- SD/- (D.K.AGARWAL) (T.R.SOOD) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI: 8/4/2011. P/-*