EXPORT IMPORT BANK OF INDIA, V. ADDL. C.I.T. SP. RANGE 3(1),

MA 143/MUM/2011

• Counselvise Citation: [2011] 123 COUNSELVISE.COM (IT) 6986 (ITAT-MUMBAI)
• Duration Of Justice: 6 month(s) 1 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 09-09-2011
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: E
• Next Hearing Date: 09-09-2011
• Assessment Year: 2006-2007
• Appeal Filed On: 08-03-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SANTAM BOSE
• Assessee Lawyers: DINESH VYAS
• Keywords: Reasonable cause

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH E : MUMBAI BEFORE SHRI R. K. PANDA, A.M. AND SHRI VIJAY PAL RA O, J.M. MA NO.143/MUM/2011 ARISING OUT OF ITA NO.3399/MUM/2009 ASSESSMENT YEAR: 2006-07 M/S. EXPORT IMPORT BANK OF INDIA CENTRE ONE BLD, FLOOR 21, WORLD TRADE CENTRE COMPLEX, CUFFEE PARADE, MUMBAI 400 005 PAN NO: AAACE 2769 D VS ADDL CIT RG 3(1) AAYAKAR BHAVAN, M.K. ROAD, MUMBAI-400 020 (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI DINESH VYAS RE SPONDENT BY : SHRI SANTAM BOSE DATE OF HEARING : 09 .0 9 .2011 DATE OF PRONOUNCEMENT : 09.09.2011 ORDER PER R. K. PANDA (AM) : THE ASSESSEE THROUGH THIS MISCELLANEOUS APPLICATI ON REQUESTS THE TRIBUNAL TO RECALL THE EXPARTE ORDER PASSED BY IT. 2. THE LD. COUNSEL FOR THE ASSESSEE REFERRING TO T HE MISCELLANEOUS APPLICATION FILED BY THE ASSESSEE EXPLAINED THE REA SONS FOR SUCH NON APPEARANCE ON THE DATE OF HEARING. HE SUBMITTED THA T ON THE DATE OF LAST HEARING I.E. 21.10.2010 THE ASSESSEE SOUGHT ADJOURN MENT AND THE CASE WAS ADJOURNED TO 25.01.2011. HOWEVER, IN THE ORDER SHEE T ENTRY IT WAS MENTIONED MA NO.143/MUM/2011 M/S. EXPORT IMPORT BANK OF INDIA 2 AS ADJOURNED TO 03.01.2011. REFERRING TO THE COPY O F THE CAUSE LIST DATED 03.01.2011 THE LD. COUNSEL FOR THE ASSESSEE DREW TH E ATTENTION OF THE BENCH AND SUBMITTED THAT THE NAME OF THE ASSESSEE DOESNT APPEAR IN THE SAID LIST. HE SUBMITTED THAT THE ASSESSEE IS VERY MUCH INTERES TED IN PROSECUTING THE APPEAL FILED BY IT. HE SUBMITTED THAT SINCE THERE W AS NO SERVICE OF NOTICE ON THE ASSESSEE FIXING THE DATE OF HEARING ON 03.01.20 11 AND SINCE THE CASE WAS EARLIER ADJOURNED TO 25.01.2011, THEREFORE, THE MAT TER MAY BE RECALLED AND THE ASSESSEE BE GIVEN AN OPPORTUNITY TO REPRESENT I TS CASE. 3. WE HAVE HEARD THE RIVAL ARGUMENTS MADE BY BOTH T HE SIDES. AFTER GOING THROUGH THE RELEVANT RECORDS, WE ARE SATISFIED THAT THERE WAS A REASONABLE CAUSE ON THE PART OF THE ASSESSEE FOR THE NON APPEA RANCE ON THE DATE OF HEARING. ACCORDINGLY, THE ORDER OF THE TRIBUNAL IS RECALLED AND THE APPEAL IS FIXED FOR HEARING ON 24.10.2011. IT WAS ALSO ANNOUN CED THAT NO SEPARATE NOTICE OF HEARING SHALL BE SENT TO WHICH BOTH THE P ARTIES AGREED. 4. IN THE RESULT, THE MISCELLANEOUS APPLICATION FIL ED BY THE ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT AT THE TIME OF H EARING ITSELF I.E. ON 09.09.2011. SD/- SD/- ( VIJAY PAL RAO ) ( R. K. PA NDA ) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI, DT: 09/09/2011 MA NO.143/MUM/2011 M/S. EXPORT IMPORT BANK OF INDIA 3 COPY FORWARDED TO : 1. THE APPELLANT, 2. THE RESPONDENT, 3. THE C.I.T. 4. CIT (A) 5. THE DR, B - BENCH, ITAT, MUMBAI //TRUE COPY// BY ORDER ASSISTANT REGISTRAR ITAT, MUMBAI BENCHES, MUMBAI ROSHANI