LAXMI DIAMOND P.LTD, V. ADDL CIT 5(2),

MA 137/MUM/2014

• Counselvise Citation: [2014] 124 COUNSELVISE.COM (IT) 2113 (ITAT-MUMBAI)
• Duration Of Justice: 3 month(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 25-07-2014
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2007-2008
• Appeal Filed On: 25-04-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: K A VAIDYALINGAN
• Section: 12

Judgement Text

INCOME TAX APPELLATE TRIBUNAL,MUMBAI - A BENCH . . , , BEFORE S/SH. I.P. BANSAL, JUDICIAL ME MBER & SHRI RAJENDRA,ACCOUNTANT MEMBER MA NO.137/MUM/2014 (ARISING OUT OF ITA NO. 8612/MUM/2011) ASSESSMENT YEAR 2007-08 LAXMI DIAMOND PVT. LTD. DW-2332, BHARAT DIAMOND BOURSE, BANDRA KURLA COMPLEX, BANDRA (E), MUMBAI-400051 PAN: AABCL1815G VS. ADD. CIT CIRCLE-5(2) MUMBAI. ( / APPELLANT ) ( / RESPONDENT ) APPELLANT BY : SHRI K.A. VAIDYALINGAN RESPONDENT BY : SHRI DURGA DUTT ! ' #$ / DATE OF HEARING : 25-07-2014 %&'( ' #$ / DATE OF PRONOUNCEMENT : 25-07-2014 ) / O R D E R PER RAJENDRA, A.M. VIDE ITS MISCELLANEOUS APPLICATION, DATED 28.04.201 4, ASSESSEE-COMPANY HAS SUBMITTED THAT IT HAD FILED AN APPEAL BEFORE THE TRIBUNAL RAISING EIG HT GROUNDS OF APPEAL, THAT THE TRIBUNAL HAD DISMISSED THE APPEAL BY AN EX-PARTE ORDER FOR NON-A PPEARANCE ON THE DATE OF HEARING I.E. ON 31. 10.2013. THE APPLICATION IS ACCOMPANIED BY AN AFFIDAVIT OF T HE DIRECTOR OF THE COMPANY DATED 25.04. 2014.IT WAS SUBMITTED IN THE AFFIDAVIT THAT THERE W AS A CHANGE IN THE ADDRESS OF THE PETITIONER COMPANY FROM ITS OLD ADDRESS AT 416, PRASAD CHAMBER S, OPERA HOUSE, MUMBAI-400004 TO NEW ADDRESS AT DW-2332, BHARAT DIAMOND BOURSE, BANDRA K URLA COMPLEX, BANDRA (EAST), MUMBAI- 40051 AND THAT THE SAID CHANGE WAS INTIMATED TO THE ITAT ON 24.05.2013 BY FILING FRESH FORM 36 WITH NEW ADDRESS, THAT THE NOTICE FIXING THE DATE O F HEARING ON 31.10.2013 AS ALSO THE ORDER OF THE HON'BLE ITAT DATED 31.10.2013 DISMISSING THE APPEAL WERE SENT TO OLD ADDRESS, THAT IT HAD NOT RECEIVED THE NOTICE FIXING THE DATE OF HEARING ON 3 1.10.2013, THAT IT DID NOT APPEAR ON THE CALLED DATE, THAT NON-APPEARANCE BEFORE THE TRIBUNAL WAS B Y REASON BEYOND THE CONTROL OF THE ASSESSEE, THAT IT WAS SERIOUSLY INTERESTED IN PURSUING THE AP PEAL, THAT ORDER PASSED ON 31.10.2013 SHOULD BE RECALLED. DURING THE COURSE OF HEARING BEFORE US, A UTHORISED REPRESENTATIVE (AR) MADE THE SAME SUBMISSIONS WHICH WERE MENTIONED IN THE AFFIDAVIT O F THE DIRECTOR OF THE COMPANY. 2 .WE HAVE HEARD THE SUBMISSIONS OF THE AR AND PERUSE D THE MATERIAL BEFORE US. WE ARE OF THE OPINION THAT MATTER SHOULD BE REHEARD AND SHOULD BE DECIDED ON MERITS. REGISTRY IS DIRECTED TO FIX THE HEARING ON 20.10.2014,SO THAT MATTER COULD BE H EARD BY THE REGULAR BENCH. AS BOTH THE PARTIES HAVE BEEN INFORMED ABOUT THE NEXT DATE OF HEARING I N THE COURT, SO NO FRESH NOTICE WILL BE ISSUED. MA NO. 137/MUM/2014(ARISING OUT OF ITA NO. 8612/MU M/2011) LAXMI DIAMOND PVT. LTD. 2 AS A RESULT, RECALLING OUR EARLIER ORDER WE ALLOW T HE MISCELLANEOUS APPLICATION FILED BY THE ASSESSEE-COMPANY. *(+#, *(+#, *(+#, *(+#, -*# -*# -*# -*# . / / / / FD;K X;K FD;K X;K FD;K X;K FD;K X;K FOFO/K FOFO/K FOFO/K FOFO/K VKOSNU VKOSNU VKOSNU VKOSNU 0# 0# 0# 0# F FF F ;K ;K ;K ;K # # # # K KK K 12 1212 12 S SS S . ORDER PRONOUNCED IN THE OPEN COURT ON 25 TH JULY , 2014. ) ' %&'( +3 4 25 TKQYKK TKQYKK TKQYKK TKQYKK ! ,201 4 & ' 5! 6 SD/- SD/- ( . . / I.P.BANSAL) ( / RAJENDRA) / JUDICIAL MEMBER / ACCOUNTANT MEMBER + ! / MUMBAI, 4 /DATE: 25.07.2014 SK ) ) ) ) ' '' ' # 7 # 7 # 7 # 7 87'# 87'# 87'# 87'# / COPY OF THE ORDER FORWARDED TO : 1. ASSESSEE / 2. RESPONDENT / 3. THE CONCERNED CIT(A)/ 9 : , 4. THE CONCERNED CIT / 9 : 5. DR A BENCH, ITAT, MUMBAI / 7;5 # - <= , . . . + ! 6. GUARD FILE/ 5< >! 7# # //TRUE COPY// ) / BY ORDER, ? / 1 DY./ASST. REGISTRAR -( , + ! /ITAT, MUMBAI