J.I.K INDUSTRIES LTD, V. DCIT 2(2),

MA 113/MUM/2013

• Counselvise Citation: [2013] 124 COUNSELVISE.COM (IT) 0911 (ITAT-MUMBAI)
• Duration Of Justice: 6 month(s) 2 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 20-09-2013
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: J
• Next Hearing Date: 06-09-2013
• Assessment Year: 2008-2009
• Appeal Filed On: 18-03-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: PRA BHAT JHA
• Assessee Lawyers: AJAY R SINGH RAHUL R SARDA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH J, MUMBAI .. , !' # $## #%, ' !' ( BEFORE SHRI P.M. JAGTAP, ACCOUNTANT MEMBER AND SHRI VIVEK VARMA, JUDICIAL MEMBER MA NO.113/MUM/2013 (ARISING OUT OF ITA NO. 7088/MUM/2011) ASSESSMENT YEAR 2008-09 M/S JIK INDUSTRIES LTD., 16, GUNDECHA CHAMBERS, NAGINDAS MASTER ROAD, FORT, MUMBAI -400 023 PAN: AABCJ 2982 J VS DY. COMMISSIONER OF INCOME TAX, CIRCLE -2(2), 545, AAYAKAR BHAVAN, M K MARG, MUMBAI -400 020 (APPLICANT) (RESPONDENT) APPLICANT BY S/SHRI AJAY R. SINGH RAHUL R. SARDA RESPONDENT BY SHRI PRABHAT JHA DATE OF HEARING : 20-09-2013 DATE OF PRONOUNCEMENT : 20-09-2013 PER VIVEK VARMA, JM THE MISCELLANEOUS APPLICATION (MA) HAS BEEN FILED B Y THE ASSESSEE ARISING OUT OF ITA NO. 7088/MUM/2011, WHEREIN, THE BENCH HAS PROCEEDED EX- PARTE AND DECIDED THE ISSUE ON MERITS. 2. THE AR APPEARING ON BEHALF OF THE ASSESSEE AT TH E TIME OF HEARING SUBMITTED AN AFFIDAVIT, WHEREIN, HE HAS MENTIONED T HE REASONS FOR NON- ATTENDANCE ON THE DATE OF HEARING ON 23.10.2012. SI NCE, THE REASONS GIVEN IN THE AFFIDAVIT ALONG WITH THE EVIDENCE FILED, ARE RE ASONABLE, THEY QUALIFY TO BE ACCEPTED. MA-113/MUM/2013 M/S JIK INDUSTRIES LTD. 2 3. WE, THEREFORE, RECALL THE IMPUGNED ORDER, AND FI X THE CASE TO BE HEARD AFRESH. 4. BOTH THE PARTIES HAVE BEEN INFORMED AT THE TIME OF HEARING. FURTHER NOTICE HAS BEEN DISPENSED WITH AND THE SAME HAVE IN FORMED AT THE TIME OF HEARING, THE NEXT DATE IS ON 18.11.2013. 5. MA IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 20 TH SEPTEMBER, 2013. SD/- SD/- ( .. / P.M. JAGTAP ) ( $## #% / VIVEK VARMA ) / ACCOUNTANT MEMBER / JUDICIAL MEMBER / MUMBAI, / DATE : 20 TH SEPTEMBER, 2013 CHAVAN* COPY TO: 1. APPLICANT 2. RESPONDENT 3. THE CONCERNED CIT (A)-5, MUMBAI 4. THE CONCERNED CIT-II, MUMBAI 5. DR J BENCH, ITAT, MUMBAI 6. GUARD FILE //TRUE COPY// !)* / BY ORDER, / / TRUE COPY / / / DY./ASST. REGISTRAR ! '# $, / ITAT, MUMBAI *'( ). . * CHAVAN, SR. PS