JMP INVESTMENT P. LTD, V. DCIT 2(2),

MA 117/MUM/2012

• Counselvise Citation: [2012] 123 COUNSELVISE.COM (IT) 9056 (ITAT-MUMBAI)
• Duration Of Justice: 6 month(s) 6 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 31-08-2012
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: J
• Assessment Year: 2005-2006
• Appeal Filed On: 23-02-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: CHATURBHUJ DAS CHATNANI
• Assessee Lawyers: HARSHIT D SANGOI

Judgement Text

MA NO.117 OF 2012 JMP INVESTMENTS PVT LTD MUMBAI J BENCH PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL 'J' BENCH, MUMBAI BEFORE SHRI B. RAMAKOTAIAH, ACCOUNTANT MEMBER AND SHRI VIJAY PAL RAO, JUDICIAL MEMBER MA NO.117/MUM/2012 (ARISING OUT OF ITA NO.4936/MUM/2009) (ASSESSMENT YEAR: 2005-06) JMP INVESTMENTS PVT LTD, ROHIT CHAMBERS, JANMABHOOMI MARG, FORT, MUMBAI 400001 PAN: AAACJ 3002 E VS. DY. COMMISSIONER OF INCOME TAX, CIRCLE-2(2) AAYAKAR BHAVAN, MK ROAD, MUMBAI 400020 (APPELLANT) (RESPONDENT) ASSESSEE BY: SHRI HARSHIT D. SANGOI DEPARTMENT BY: SHRI CHATURBHUJ DAS CHATNANI, DR DATE OF HEARING: 31/8/2012 DATE OF PRONOUNCEMENT: 31/8/2012 O R D E R PER B. RAMAKOTAIAH, A.M. BY THIS MISCELLANEOUS APPLICATION, THE ASSESSEE IS SEEKING RECALL OF THE ORDER OF THE TRIBUNAL DATED 22 ND JULY, 2011 PASSED EX- PARTE IN ITA NO.4936/MUM/2009 ON THE GROUND THAT DUE TO BONAFIDE LAPSE/ERRORS AS THE DATES OF HEARING SCHED ULED ON 18 TH JULY, M2011 AND 22 ND JULY,2011 WERE NOT KNOWN TO THE ASSESSEE COMPANY. SINCE THIS AVERMENT MADE BY THE ASSESSEE I S DULY SUPPORTED BY AN AFFIDAVIT, WE ARE SATISFIED WITH TH E REASONS ADVANCED BY THE ASSESSEE COMPANY FOR ITS NON-APPEAR ANCE AT THE TIME OF HEARING FIXED ON 22-07-2011 CONSTITUTES A S UFFICIENT CAUSE. ACCORDINGLY, KEEPING IN VIEW THE PROVISO TO RULE 24 OF APPELLATE TRIBUNAL RULES, 1963, WE RECALL THE EX-PARTE ORDER DATED 22-07-2011 (SUPRA) PASSED BY THE TRIBUNAL AND RESTORE THE APPE AL OF THE ASSESSEE TO ITS ORIGINAL NUMBER. THE REGISTRY IS D IRECTED TO FIX THE MA NO.117 OF 2012 JMP INVESTMENTS PVT LTD MUMBAI J BENCH PAGE 2 OF 2 SAID APPEAL FOR HEARING ON 05-11-2012 AS ANNOUNCED IN THE OPEN COURT AND TAKEN NOTE BY THE REPRESENTATIVES OF BOTH THE SIDES. 2. IN THE RESULT, MISCELLANEOUS APPLICATION FILED B Y THE ASSESSEE IS ALLOWED. THE DECISION PRONOUNCED IN THE OPEN COURT IMMEDIAT ELY ON CONCLUSION OF THE HEARING ON 31/08/2012. SD/- SD/- ( VIJAY PAL RAO ) (B. R AMAKOTAIAH) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI, DATED 31 ST AUGUST, 2012. VNODAN/SPS COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CONCERNED CIT(A) 4. THE CONCERNED CIT 5. THE DR, J BENCH, ITAT, MUMBAI BY ORDER ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCHES, MUMBAI