MATHAKIA INVESTMENT P.LTD, V. ITO WD 2(2)3,

MA 122/MUM/2013

• Counselvise Citation: [2013] 124 COUNSELVISE.COM (IT) 0963 (ITAT-MUMBAI)
• Duration Of Justice: 4 month(s) 21 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 23-08-2013
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2007-2008
• Appeal Filed On: 02-04-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: DIPAK RIPOTE
• Assessee Lawyers: RAVI U THAKKAR

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL 'B' BENCH, MUMBAI BEFORE SHRI D. MANMOHAN, VICE PRESIDENT AND SHRI SANJAY ARORA, ACCOUNTANT MEMBER MA NO. 122/MUM/2013 (ARISING OUT OF ITA NO. 8608/MUM2010) (ASSESSMENT YEAR: 2007-08) M/S. MATHAKIA INVESTMENTS P. LTD. INCOME TAX OFFICE R- 2(2)-3 7TH FLOOR, INDIAN GLOBE CHAMBERS MUMBAI 142, W.H. MARG, FORT VS. MIMBAI 400001 PAN - AAACM5656K APPLICANT RESPONDENT APPLICANT BY: SHRI RAVI U. THAKKAR RESPONDENT BY: SHRI DIPAK RIPOTE DATE OF HEARING: 23.08.2013 DATE OF PRONOUNCEMENT: 23.08.2013 O R D E R PER D. MANMOHAN, V.P. BY THIS APPLICATION THE ASSESSEE SEEKS RECALL OF TH E ORDER DATED 21 ST JANUARY, 2013 PASSED BY ITAT B BENCH, MUMBAI. 2. IN THIS REGARD THE LEARNED COUNSEL ADVERTED OUR ATT ENTION TO THE AFFIDAVIT OF MR. SANJAY CHANDRAKANT SALUNKE TO SUBM IT THAT NON-APPEARANCE WAS NOT INTENTIONAL AND THERE IS SUFFICIENT CAUSE F OR NON-APPEARANCE ON THE PART OF THE ASSESSEE ON THE DATE FIXED FOR HEARING. 3. WE HAVE HEARD THE LEARNED D.R. IN THIS REGARD AND C AREFULLY PERUSED THE RECORD. SINCE WE ARE OF THE VIEW THAT IT WAS FI T CASE FOR RECALL OF THE ORDER, IN EXERCISE OF THE POWERS VESTED IN US UNDER RULE 2 4 OF THE APPELLATE TRIBUNAL RULES, WE HEREBY RECALL THE IMPUGNED ORDER AND DIRECT THE REGISTRY TO POST THE CASE FOR FINAL HEARING ON 12.11.2013. 4. AT THE TIME OF HEARING THE LEARNED COUNSEL ALSO SUB MITTED THAT A CROSS APPEAL WAS FILED BY THE REVENUE WHICH WAS NUMBERED AS ITA NO. 196/MUM/2011 AND THE SAME WAS POSTED FOR HEARING ON 04.11.2013. WE MA NO. 122/MUM/2013 M/S. MATHAKIA INVESTMENTS P. LTD. 2 DIRECT THE REGISTRY TO CLUB BOTH THE APPEALS AND PO ST THEM TOGETHER ON 12.11.2013. SINCE THE ORDER IS ANNOUNCED IN THE OPE N COURT, NOTICE TO THE PARTIES IS DISPENSED WITH. 5. IN THE RESULT, THE MISCELLANEOUS APPLICATION FILED BY THE ASSESSEE COMPANY IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 23 RD AUGUST, 2013. SD/- SD/- (SANJAY ARORA) (D. MANMOHAN) ACCOUNTANT MEMBER VICE PRESIDENT MUMBAI, DATED: 23 RD AUGUST, 2013 COPY TO: 1. THE APPLICANT 2. THE RESPONDENT 3. THE CIT(A) 5, MUMBAI 4. THE CIT 2, MUMBAI CITY 5. THE DR, B BENCH, ITAT, MUMBAI BY ORDER //TRUE COPY// ASSISTANT REGISTRAR ITAT, MUMBAI BENCHES, MUMBAI N.P.