MEGHVARSHA SECURITIES P. LTD, V. ITO 4(3)(3),

MA 119/MUM/2013

• Counselvise Citation: [2013] 124 COUNSELVISE.COM (IT) 0946 (ITAT-MUMBAI)
• Duration Of Justice: 5 month(s) 8 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 06-09-2013
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Next Hearing Date: 06-09-2013
• Assessment Year: 2008-2009
• Appeal Filed On: 28-03-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Reasonable cause

Judgement Text

, , , , IN THE INCOME TAX APPELLATE TRIBUNAL E BENCH, MUMBAI . .. . . . . . , ,, , , ! '# ! '# ! '# ! '# , ,, , $ $ $ $ % % % % BEFORE SHRI R.S. SYAL, ACCOUNTANT MEMBER AND SHRI AMIT SHUKLA, JUDICIAL MEMBER && ' . / M .A. NO.119/MUM./2013 . / ITA NO. 320/MUM./2012 ()! * ( $' + ,+ / ASSESSMENT YEAR : 200809 ) M/S. MEGHVARSHA SECURITIES PVT. LTD. 16, 1 ST FLOOR, B/6, KHIRANGAR S.V. ROAD SANTACRUZ (W), MUMBAI 400 054 .. -. / APPELLANT ' V/S INCOME TAX OFFICER WARD4(3)(3), AAYAKAR BHAVAN 101, M.K. ROAD, MUMBAI 400 020 .... /0-. / RESPONDENT - . / PERMANENT ACCOUNT NUMBER AAACM6104E $' +2! 3 4 / ASSESSEE BY : MR. BHUPENDRA SHAH 5 3 4 / REVENUE BY : MR. SANJEEV JAIN ' 3 ! / DATE OF HEARING 06.09.2013 ' 67, 3 ! / DATE OF ORDER 06.09.2013 ' ' ' ' / ORDER ! '# ! '# ! '# ! '# , ,, , $ $ $ $ 8 8 8 8 / PER AMIT SHUKLA, J.M. BY WAY OF THIS MISCELLANEOUS APPLICATION DATED NIL PREFERRED UNDER SECTION 254(2) OF THE ACT, THE ASSESSEE SEEKS RECAL L OF THE IMPUGNED EX PARTE ORDER DATED 7 TH SEPTEMBER 2012, PASSED BY THE TRIBUNAL, MUMBAI BENCH, IN ITA NO.320/MUM./2012, FOR ASSESSMENT YEAR 200809, VIDE WHICH, IT STATED AS UNDER: M/S. MEGHVARSHA SECURITIES PVT. LTD. 2 2. THAT THE SAID HEARING OF APPEAL COULD NOT BE ATTEN DED TO BY US BECAUSE OF THE FACT THAT THERE WAS SOME CONFUSION REGARDING THE DATE OF NONFUNCTIONING BENCHES. MOREOVER, THERE IS A CHANGE OF PLACE ALSO. WE COULD THEREFORE NO COMMUNICATE THE SAME TO OUR COUNSEL. 2. THE LEARNED COUNSEL, ACCORDINGLY, SUBMITTED BEFORE US THAT IN VIEW OF THE CIRCUMSTANCES EXPLAINED ABOVE, THE ASSESSEE BE GRANTED ONE MORE OPPORTUNITY OF HEARING. AN AFFIDAVIT DULY SWORN BY ONE OF THE D IRECTORS SHRI PARESH MANISH BANKER, IN SUPPORT OF THIS APPLICATION IS ALSO AVAI LABLE ON RECORD. THE LEARNED COUNSEL, THEREFORE, PRAYED THAT THE ASSESSEE WAS PR EVENTED BY SUFFICIENT CAUSE FROM APPEARING BEFORE THE TRIBUNAL AND, HENCE, THE APPEAL BE RESTORED FOR HEARING ON MERIT. THE LEARNED DEPARTMENTAL REPRESENTATIVE, ON THE OTHER HAND, DID NOT OBJECT FOR CALLING OF THE IMPUGNED EXPARTE ORDER. 3. AFTER HEARING THE RIVAL CONTENTIONS AND ON PERUSAL OF THE MATERIAL AVAILABLE ON RECORD, WE HOLD THAT THE ASSESSEE HAS DEMONSTRATED THAT IT WAS PREVENTED BY A REASONABLE CAUSE FROM APPEARING BEFORE THE TRIBUNAL ON THE DATE OF HEARING. CONSEQUENTLY, IN VIEW OF THE PROVISO TO RULE-24 OF THE INCOME TAX (APPELLATE TRIBUNAL) RULES, 1963, WE RECALL THE EXPARTE ORDER DATED 7 TH SEPTEMBER 2012 , PASSED BY THE TRIBUNAL AND DIRECT THE REGISTRY TO F IX THE APPEAL FOR HEARING ON 10 TH OCTOBER 2013. SINCE THIS DATE OF HEARING IS ANNOUNC ED IN THE OPEN COURT, THE REQUIREMENT OF SENDING NOTICE TO THE PARTIES IS HER EBY DISPENSED WITH. 4. 2 !9 $' +2! 3 && ' ! : ' 5! ;< = 4. IN THE RESULT, ASSESSEES M.A. IS TREATED AS ALL OWED. ' 3 7, > ?'9 6 TH SEPTEMBER 2013 7 3 @ = ORDER PRONOUNCED IN THE OPEN COURT ON 6 TH SEPTEMBER 2013 SD/- . .. . . . . . R.S. SYAL ACCOUNTANT MEMBER SD/- ! ! ! ! '# '# '# '# $ $ $ $ AMIT SHUKLA JUDICIAL MEMBER MUMBAI, ?' ?' ?' ?' DATED: 6 TH SEPTEMBER 2013 M/S. MEGHVARSHA SECURITIES PVT. LTD. 3 ' 3 /$! & A&,! / COPY OF THE ORDER FORWARDED TO : (1) $' +2! / THE ASSESSEE; (2) 5 / THE REVENUE; (3) B () / THE CIT(A); (4) B / THE CIT, MUMBAI CITY CONCERNED; (5) &E@ /$!$' , , / THE DR, ITAT, MUMBAI; (6) @F+ G / GUARD FILE. 0&! /$! / TRUE COPY '' / BY ORDER / 5. HI / PRADEEP J. CHOWDHURY 2J $'5 H / SR. PRIVATE SECRETARY ( / ; 5 / (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI