Aakashubham Finvest Pvt. Ltd., Nashik V. The ACIT, Nashik

MA 145/PUN/2010

• Counselvise Citation: [2011] 123 COUNSELVISE.COM (IT) 6087 (ITAT-PUNE)
• Duration Of Justice: 5 month(s) 11 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 07-01-2011
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: Not Allotted
• Assessment Year: 1997-1998
• Appeal Filed On: 26-07-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SHISHIR DHAMYA
• Assessee Lawyers: M K KULKARNI SHRI MUTHA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH PUNE BEFORE SHRI I.C. SUDHIR AND SHRI D. KARUNAKARA RAO MA NO. 145/PN/10 (ARISING OUT OF ITA NO. 129/PN/200 7) A.Y 1997-98 AAKASHUBHAM FINVEST PVT. LTD. FIRST FLOOR, SUYOJIT HEIGHTS, OPP. RAJIV GANDHI BHAVAN, SHARANPUR ROAD, NASHIK PAN NO. AADCA8085B .... APPELLANT VS. THE ACIT (CENTRAL) CIRCLE -1, NASHIK . RESPONDENT APPELLANT BY : SHRI M.K. KULKARNI (ON BEHALF OF SHRI MUTHA) RESPONDENT BY : SHRI SHISHIR DHAMYA ORDER PER D. KARUNAKARA RAO AM THIS MISCELLANEOUS APPLICATION OF THE ASSESSEE HAS BEEN FILED ON 26/07/2010, ARISING OUT OF THE TRIBUNAL ORDER BEARING IT A NO. 129/PN/07. THROUGH THIS MISCELLANEOUS APPLICATION, THE ASSESSEE HAS PRAYED FOR RECALLING AN EX-PARTE ORDER OF THE TRIBUNAL DATED 23 RD OCTOBER, 2008 DISMISSED IN LIMINE ON THE GROUND OF NON-APPEARANCE ON BEHALF OF THE APPELLA NT AND THE SHORT PRAYER OF THE PETITIONER IS FOR GRANTING FRESH HEARING AND DISPOS AL OF THE APPEAL ON MERITS. 2. LEARNED COUNSEL MR. M.K. KULKARNI, ON BEHALF OF LD. COUNSEL SHRI MUTHA APPEARED FOR THE PETITIONER AND STATED THAT THE MISCEL LANEOUS APPLICATION HAS BEEN MOVED BY THE APPLICANT-ASSESSEE FOR THE REASONS MENTIONED IN THE PETITIONS, RELEVANT PARAGRAPH OF WHICH IS REPRODUCED BE LOW:- THE ABOVE-MENTIONED APPEAL WAS DISMISSED BY THE HON. T RIBUNAL VIDE ORDER DT. 23.10.2008 EXPARTE. IT IS STATED IN PARA 2 OF THE ORD ER OF THE HON. TRIBUNAL THAT THE LAW ASSIST THOSE WHO ARE VIGILANT AND NOT THOSE WHO ARE VIGILANT AND NOT THOSE WHO SLEEP OVER THEIR RIGHTS. THIS PRINCIPLE IS EMBOD IED IN THE WELL KNOWN DICTUM, VIGILANTIBUS, NON DORMENTIBUS JURA SUVENIUN T IN THIS CONNECTION WE RESPECTFULLY SUBMIT THAT THE DATE OF HEARING OF THE ABOVE- MENTIONED APPEAL WAS FIXED FOR HEARING ON 13.10.2008. T HE SAID HEARING DATED MA NO. 145/PN/10 ARISING OUT OF ITA NO. 129/PN/07 A.Y. 2004-05 PAGE 2 OF 3 13.10.2008 WAS NOT ATTENDED ON BEHALF OF THE APPELLANT BECAUSE ALL OUR NOTICES OF INCOME TAX, TRIBUNAL RELATED MATTERS USED TO BE HA NDED OVER BY US TO OUR COUNSEL MR. MILIND M. PANDIT, CHARTERED ACCOUNTANT 312, SARDA SANKUL, M.G. ROAD, NASHIK. IN THE PRESENT CASE ALSO WE HAVE GIVEN A LL THE NOTICES TO MR. MILIND M. PANDIT. HOWEVER UNFORTUNATELY HE EXPIRED ON 03.09.2 008. THEREFORE NOBODY ATTENDED THE HEARING ON 13.10.2008. WE WERE TOTALLY DE PENDENT ON HIM IN THIS MATTER. SECONDLY WE CAME TO KNOW ABOUT THE DISMISSAL OF APPEAL LA ST WEEK THROUGH OUR AUTHORIZED REPRESENTATIVE DURING HIS VISIT TO CIT(APPEALS )-1, NASHIK. WE WOULD ALSO LIKE TO SUBMIT THAT IN THE ORDER PASSED BY YOU, THE NAME OF THE COMPANY IS MENTIONED AS M/S. AKSHARDHAM FINVEST PVT. LTD., WHEREAS THE NAME OF THE COMPANY IS M/S. AAKASHUBHAM FINVEST PVT. LTD., 3. WE HAVE HEARD THE LEARNED D.R. SHRI SHISHIR DHAMYA. ON CONSIDERATION OF THE MATERIAL PLACED BEFORE US AND IN VIEW OF THE F ACTUAL POSITION REFERRED IN ABOVE PARAGRAPH, WE ARE SATISFIED THAT THERE WAS SUFFI CIENT REASON FOR NON- APPEARANCE BY THE ASSESSEE ON THE DATE OF HEARING BE FORE THE TRIBUNAL. WE FIND FORCE IN THE MISCELLANEOUS APPLICATION SINCE THE APP EAL HAS BEEN DISMISSED IN LIMINE , ADMITTEDLY DUE TO NON-APPEARANCE OF THE APPELLANT . MOREOVER, RULE 24 OF ITAT RULES ALSO PROVIDED THAT WHERE AN APPEAL HAS BEE N DISPOSED OF DUE TO NON- APPEARANCE OF THE APPELLANT AND SUBSEQUENTLY, IT WA S FOUND THAT THERE WAS SUFFICIENT CAUSE FOR THE SAID NON-APPEARANCE, THE TRIB UNAL SHALL MAKE AN ORDER SETTING ASIDE EXPARTE ORDER AND RESTORING THE APPEAL. I N VIEW OF THIS, WE HEREBY RECALL OUR ORDER DT. 23 RD OCTOBER, 2008, REFERRED HEREINABOVE AND FIX THE DATE O F HEARING, OUT OF TURN ON 08-03-2011. THOUGH THE DATE OF HEARING IS PRONOUNCED AND DULY COMMUNICATED IN THE COURT BUT STILL THE REG ISTRY IS DIRECTED TO ISSUE NOTICE OF HEARING TO THE PARTIES ACCORDINGLY. THE APP ELLANT IS ALSO DIRECTED NOT TO SEEK FRIVOLOUS ADJOURNMENT AND ADOPT ALL REASONABLE ST EPS TO GET THE APPEAL FINALIZED AT AN EARLY DATE. 4. IN THE RESULT, THE MA OF THE ASSESSEE IS ALLOWED . ORDER PRONOUNCED ON 07 TH JANUARY, 2011. SD/- SD/- (I. C. SUDHIR) (D.KARUNAKARA RAO) JUDICIAL MEMBER ACCOUNTANT MEMBE R PUNE DATED THE 07 TH JANUARY, 2011 R MA NO. 145/PN/10 ARISING OUT OF ITA NO. 129/PN/07 A.Y. 2004-05 PAGE 3 OF 3 COPY OF THE ORDER IS FORWARDED TO : 1. ASSESSEE 2. THE ACIT, (CENTRAL) CIRCLE-I, NASHIK 3. CIT(A)-I,, NASHIK 4. CIT, NASHIK 5. D.R. ITAT PUNE BENCH, PUNE BY ORDER ASSISTANT REGISTRAR I.T.A.T PUNE