SANGEETAA BALACHANDRAN, V. ITO WD 19(3)(4),

MA 145/MUM/2013

• Counselvise Citation: [2013] 124 COUNSELVISE.COM (IT) 0952 (ITAT-MUMBAI)
• Duration Of Justice: 4 month(s) 18 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 06-09-2013
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: E
• Next Hearing Date: 06-09-2013
• Assessment Year: 2007-2008
• Appeal Filed On: 18-04-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: H GOVIND SINGH
• Assessee Lawyers: BRIJMOHAN POORANMAL AGA RWAL
• 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. 145/MUM/2013 ( ARISING FROM ITA NO. 8883/MUM/2010 ASSESSMENT YEAR 2007-08 ) M/S SANGEETAA BALACHANDRAN, 284 B-1, DAFFODILS, KALPATARU GARDENS, ASHOK NAGAR, KANDIVALI (E) MUMBAI-400101 V S INCOME TAX OFFICER WARD 19(3)(4), PIRAMAL CHAMBERS, LALBAUG, PAREL, MUMBAI-400012 (APPLICANT) (RESPONDENT) PAN NO. AGNOPB6055F ASSESSEE BY SHRI BRIJMOHAN POORANMAL AGARWAL REVENUE BY SHRI H. GOVIND SINGH DATE OF HEARING 6 TH SEPTEMBER 2013 DATE OF PRONOUNCEMENT 6 TH SEPTEMBER 2013 ORDER PER VIJAY PAL RAO, JM THE ASSESSEE HAS FILED THIS MISCELLANEOUS APPLICATI ON WITH PRAYER TO RECALL THE ORDER OF THE TRIBUNAL DATED 12.02.2013 I N ITA NO. 8883/MUM/2010 WHEREBY THE APPEAL OF THE ASSESSEE WA S DISMISSED FOR NON PROSECUTION. 2 WE HAVE HEARD THE PARTIES AND CONSIDERED THE AV ERMENTS MADE IN THE AFFIDAVIT FILED ALONG WITH THE APPLICATION. WE ARE SATISFIED THAT THERE WAS REASONABLE CAUSE DUE TO CHANGE OF ADDRESS FOR N ON ATTENDANCE OF THE ASSESSEE OR HIS COUNSEL/A.R ON THE DATE OF HEARING WHEN THE APPEAL OF THE ASSESSEE WAS DISMISSED. WE, THEREFORE, IN THE INTER EST OF JUSTICE RECALL OUR MA 145/M/2013 SANGEETAA BALACHANDRAN 2 ORDER DATED 12.02.2013 IN ITA NO. 8883/MUM/2010 AND DIRECT THE REGISTRY TO FIX THE APPEAL FOR HEARING ON 07.10.2013. 3. SINCE THE DATE OF HEARING WAS PRONOUNCED IN THE OPEN COURT IN THE PRESENCE OF BOTH THE PARTIES, THEREFORE, NO SEPARAT E NOTICES FOR THE HEARING OF APPEAL WILL BE ISSUED TO THE PARTIES. 4. IN THE RESULT, THE MISCELLANEOUS APPLICATION FIL ED BY THE ASSESSEE IS ALLOWED. ORDER PR ORDER PR ORDER PR ORDER PRONOUNCEMENT IN THE OPEN COURT ONOUNCEMENT IN THE OPEN COURT ONOUNCEMENT IN THE OPEN COURT ONOUNCEMENT IN THE OPEN COURT AT THE TIME OF HEARIN G I.E. ON AT THE TIME OF HEARING I.E. ON AT THE TIME OF HEARING I.E. ON AT THE TIME OF HEARING I.E. ON 6 66 6 TH THTH TH SEPTEMBER SEPTEMBER SEPTEMBER SEPTEMBER 2013 2013 2013 2013 SD/- SD/- (R. S. SYAL) ACCOUNTANT MEMBER ( VIJAY PAL RAO ) JUDICIAL MEMBER PLACE: MUMBAI: DATED: 6 TH SEPTEMBER 2013 SUBODH. COPY FORWARDED TO: 1 APPELLANT 2 RESPONDENT 3 CIT 4 CIT(A) 5 DR /TRUE COPY/ BY ORDER DY /AR, ITAT, MUMBAI DY /AR, ITAT, MUMBAI