BALLAL CHEMICALS AND METAL P. LTD, V. ITO 6(1)(1),

MA 115/MUM/2014

• Counselvise Citation: [2014] 124 COUNSELVISE.COM (IT) 2124 (ITAT-MUMBAI)
• Duration Of Justice: 2 month(s) 26 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 20-06-2014
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2006-2007
• Appeal Filed On: 25-03-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: CAPT PRADEEP ARYA
• Assessee Lawyers: SANJAY MEHTA
• Keywords: Reasonable cause

Judgement Text

INCOME TAX APPELLATE TRIBUNAL,MUMBAI - B BENCH , , BEFORE S/SH. VIJAY PAL RAO, JUDICIAL MEMBER & SHRI RAJENDRA,ACCOUNTANT MEMBER MA NO.115/MUM/2014-ARISING OUT OF ITA NO. 3947/M UM/2011-ASSESSMENT YEAR 2006-07 BALLAL CHEMICALS AND METALS (P) LTD. 15 KIRI MANDIR, L.J. ROAD, MAHIM, MUMBAI-400016 PAN: AAACB2994F VS. ITO 6(1)(1) MUMBAI-400020 ( / APPELLANT ) ( / RESPONDENT ) APPELLANT BY : SHRI SANJAY MEHTA RESPONDENT BY : CAPT. PRADEEP ARYA ! ' # / DATE OF HEARING : 20-06-2014 $%&' ! ' # / DATE OF PRONOUNCEMENT : 20-06-2014 () / O R D E R PER RAJENDRA, A.M. : ASSESSEE-COMPANY,FILED ITS RETURN OF INCOME OF RS.1 1.02 LAKHS ON 27.11.2006.ASSESSING OFFICER (AO) FINALISED THE ASSESSMENT ON 26.12.2008 DETERMI NING THE INCOME OF THE ASSESSEE AT RS. 86.44 LAKHS U/S.143(3) OF THE ACT.ASSESSEE PREFERRED AN A PPEAL BEFORE THE FIRST APPELLATE AUTHORITY (FAA) WHO DISMISSED IT. HIS ORDER WAS CHALLENGED BE FORE THE TRIBUNAL.DURING THE COURSE OF HEARING BEFORE US ON 14.02.2014 NOBODY HAD APPEARED ON BEHALF OF THE ASSESSEE NOR WAS ANY APPLICATION FOR ADJOURNMENT WAS SUBMITTED.AS A RESU LT,APPEAL FILED BY THE ASSESSEE WAS DISMISSED. 2. VIDE ITS AFFIDAVIT DATED 3 RD MAY 2014, DIRECTOR OF THE COMPANY STATED THAT NOTI CE OF HEARING WAS NOT RECEIVED BY THE COMPANY, THAT COMPANY COULD NOT LOCATE THE DATE OF HEARING ON THE INTERNET,THAT IT HAD FILED WRITTEN SUBMISSION ON EA RLIER OCCASION, THAT COMPANY WAS INTERESTED IN PURSUING THE MATTER.BEFORE US,AUTHORISED REPRESENTA TIVE (AR) MADE THE SAME ARGUMENTS THAT ARE PART OF THE AFFIDAVIT FILED BY THE DIRECTOR OF THE COMPANY. HE FURTHER STATED THAT THERE WAS MISTAKE ON PART OF THE CHARTERED ACCOUNTANT (C.A.)HANDLING THE MATTER WHO DID NOT INFORM THE AR ABOUT THE DATE OF HEARING. DEPARTMENTAL REPRESENTATIVE (D R) LEFT THE MATTER TO THE DISCRETION OF THE BENCH. 3. AFTER CONSIDERING THE AFFIDAVIT AND SUBMISSIONS OF THE AR, WE ARE OF THE OPINION THAT THERE WAS A REASONABLE CAUSE FOR THE ASSESSEE FOR APPEARING ON 14.02.2014 BEFORE THE TRIBUNAL.THEREFORE, IN THE INTEREST OF JUSTICE, WE ARE RECALLING OUR ORDER SO THAT MATTER COULD BE DECIDED ON MERITS. REGISTRY IS DIRECTED TO FIX THE CASE ON 11.08.2014. AS BOTH THE PARTIES WERE INFORMED ABOUT NEXT DATE OF HEARING, SO NO SEPARATE NOTICE WILL BE ISSU ED. AS A RESULT, M.A. FILED BY THE ASSESSEE ST ANDS ALLOWED. * ' +', * ' +', * ' +', * ' +', - * ' - * ' - * ' - * ' . . . . / / / / 0 0 0 0 1 1 1 1 - - - - ( ( ( ( 2 22 2 3' 3' 3' 3' 0 0 0 0 ' ' ' ' 45 4545 45 . ORDER PRONOUNCED IN TH E OPEN COURT ON 20 TH JUNE, 2014. () ! $%&' +6 0 20 TWU 201 4 % ! 1 7 SD/- SD/- ( / VIJAY PAL RAO) ( / RAJENDRA) / JUDICIAL MEMBER / ACCOUNTANT MEMBER M A NO. 115/MUM/2014(ARISING OUT OF ITA NO. 3947/MUM/2 011) BALLAL CHEMICALS AND METALS (P) LTD. 2 +8 / MUMBAI, 0 /DATE: 20.06.2014 SK () () () () ! !! ! ' ' ' ' 9&' 9&' 9&' 9&' / COPY OF THE ORDER FORWARDED TO : 1. ASSESSEE / 2. RESPONDENT / 3. THE CONCERNED CIT(A)/ 8: ( (; , 4. THE CONCERNED CIT / 8: ( (; 5. DR B BENCH, ITAT, MUMBAI / < 1 '- CH CHCH CH => , ( . . . +8 6. GUARD FILE/ 1 = ? ' ' //TRUE COPY// () / BY ORDER, @ / 4 DY./ASST. REGISTRAR ( - ' , +8 /ITAT, MUMBAI