DECENT DIA JEWELS PVT. LTD., MUMBAI V. DCIT - CC - 5 (4), MUMBAI

MA 132/MUM/2022

• Counselvise Citation: [2022] 104 COUNSELVISE.COM (IT) 1350 (ITAT-MUMBAI)
• Duration Of Justice: 4 month(s) 14 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 09-10-2022
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: D
• Next Hearing Date: 11-08-2022
• Assessment Year: 2014-2015
• Appeal Filed On: 25-05-2022
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Reasonable cause

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, ‘D‘ BENCH MUMBAI BEFORE: SHRI M.BALAGANESH, ACCOUNTANT MEMBER & SHRI SANDEEP SINGH KARHALL, JUDICIAL MEMBER M.A. Nos. 129/Mum/2022 to 132/Mum/2022 (Arising out of ITA Nos.7080/Mum/2018 to 7083/Mum/2019) (Assessment Years :2011-12 to 2014-15) M/s. Decent Dia Jewels Pvt. Ltd. FW-4010,’F’ Tower, Bharat Diamond Bourse, BKC, Bandra(E) Mumbai-400051 Maharashtra Vs. DCIT – CC – 5(4) Air India BLDG., Nariman Point Mumbai- 400021 Maharasthra PAN/GIR No.AADCD3620M (Appellant) .. (Respondent) Assessee by Shri Himanshu Gandhi Revenue by Shri Soumenda Kumar Dash Date of Hearing 15/08/2022 Date of Pronouncement 10/10/2022 आदेश / O R D E R PER M. BALAGANESH (A.M): By virtue of these Miscellaneous Applications, the assessee seeks to recall the consolidated order passed by this Tribunal vide order dated 29/01/2020 for A.Yrs. 2011-12 to 2014-15. 2. We find that the consolidated order passed by this Tribunal was exparte and the assessee submitted that the notice of hearing was served on the address FW-4010, Bharat Diamond Borse, Bandra Kurla Complex, M.A. NO. 129/Mum/2022 To 132/Mum/2022 Decent Dia Jewels Pvt. Ltd., 2 Bandra (E), Mumbai – 400 051. However, due to financial crisis, the assessee is referred to National Company Law Tribunal, Mumbai Bench u/s.7 of Insolvency and Bankruptcy Code, 2016 by Bank of Baroda. In view of this, assessee company is closed down and hence, compliance could not be made on the scheduled date of hearing. We find that assessee was justified by reasonable cause from not securing its presence on the scheduled date of hearing and accordingly, we deem it fit to recall the exparte order passed by this Tribunal in terms of Rule 24 of the ITAT Rules. Accordingly, Registry is directed to fix the hearing of these appeals on 21/11/2022 after informing both the parties. 3. In the result, all the Miscellaneous Applications of the assessee are allowed. Order pronounced on 10/10/2022 by way of proper mentioning in the notice board. Sd/- (SANDEEP SINGH KARHALL) Sd/- (M.BALAGANESH) JUDICIAL MEMBER ACCOUNTANT MEMBER Mumbai; Dated 10/10/2022 KARUNA, sr.ps M.A. NO. 129/Mum/2022 To 132/Mum/2022 Decent Dia Jewels Pvt. Ltd., 3 Copy of the Order forwarded to : BY ORDER, (Sr. Private Secretary / Asstt. Registrar) ITAT, Mumbai 1. The Appellant 2. The Respondent. 3. The CIT(A), Mumbai. 4. CIT 5. DR, ITAT, Mumbai 6. Guard file. //True Copy//