SHREENATH MOTORS P. LTD, V. ASST CIT 5(3),

MA 121/MUM/2012

• Counselvise Citation: [2012] 123 COUNSELVISE.COM (IT) 9483 (ITAT-MUMBAI)
• Duration Of Justice: 8 month(s) 22 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 16-11-2012
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: E
• Next Hearing Date: 16-11-2012
• Assessment Year: 2007-2008
• Appeal Filed On: 24-02-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: NATASHA MANGAT
• Keywords: Reasonable cause

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI E BENCH MUMBAI BENCHES, MUMBAI BEFORE SHRI R S SYAL, AM & SHRI VIJAY PAL RAO, JM MISCELLANEOUS APPLICATION NO. 121/MUM/2012 ARISING FROM ITA NO. ITA NO. ITA NO. ITA NO. 2087/MUM/2011 2087/MUM/2011 2087/MUM/2011 2087/MUM/2011 (ASST YEAR (ASST YEAR (ASST YEAR (ASST YEAR 2007 2007 2007 2007- -- -08 0808 08) )) ) SHREENATH MOTORS P LTD MORYA ESTATE NEW LINK ROAD, ANDHERI (W) MUMBAI VS THE ASST COMMR OF INCOME TAX 5(3), MUMBAI (APP (APP (APP (APPLICANT LICANT LICANT LICANT) )) ) (RESPONDENT) (RESPONDENT) (RESPONDENT) (RESPONDENT) PAN NO. AAFCS0033D AAFCS0033D AAFCS0033D AAFCS0033D ASSESSEE BY MS NATASHA MANGAT REVENUE BY SH PRADEEPKUMAR SINGH DT.OF HEARING 16 TH NOV 2012 DT OF PRONOUNCEMENT 16 TH , NOV 2012 ORDER PER VIJAY PAL RAO, JM THE ASSESSEE HAS FILED THIS MISCELLANEOUS APPLICATI ON WITH PRAYER TO RECALL THE ORDER OF THE TRIBUNAL IN ITA NO 2087/MUM/2011 D ATED 4 TH JAN 2012 DISMISSING THE APPEAL OF THE ASSESSEE FOR NON PROSECUTION. 2 WE HAVE HEARD THE PARTIES AND CONSIDERED THE AV ERMENTS MADE IN THE AFFIDAVIT FILED BY THE ASSESSEE ALONG WITH THE APPL ICATION AND ARE SATISFIED THAT THERE WAS REASONABLE CAUSE FOR NON ATTENDANCE OF THE ASSE SSEE OR HIS COUNSEL/A.R ON THE DATE OF HEARING. WE, THEREFORE, RECALL OUR ORDER I N ITA NO 2087/MUM/2011 DATED 4 TH JAN 2012 . 4 THE APPEAL IS FIXED FOR HEARING ON 17TH DEC 2012. SINCE THE DATE OF HEARING WAS PRONOUNCED IN THE OPEN COURT IN THE PRESENCE OF BOTH THE PARTIES, THEREFORE, NO SEPARATE NOTICE WILL BE ISSUED TO THE PARTIES. THE REGISTRY IS DIRECTED TO FIX THE APPEAL ACCORDINGLY FOR HEARING. MA 121/M/2012 SHREENATH MOTORS P LTD . 2 5 IN THE RESULT, THE MISCELLANEOUS APPLICATION FILE D BY THE ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT AT THE TIME OF H EARING I.E 16 TH NOV 2012 SD/- SD/- ( R S SYAL ) ACCOUNTANT MEMBER ( VIJAY PAL RAO ) JUDICIAL MEMBER PLACE: MUMBAI : DATED: 16 NOV 2012 RAJ* COPY FORWARDED TO: 1 APPELLANT 2 RESPONDENT 3 CIT 4 CIT(A) 5 DR /TRUE COPY/ BY ORDER DY /AR, ITAT, MUMBAI