THOMAS COOK INDIA LTD, V. ADDL CIT RG 1(3),

MA 156/MUM/2013

• Counselvise Citation: [2013] 124 COUNSELVISE.COM (IT) 0984 (ITAT-MUMBAI)
• Duration Of Justice: 3 month(s) 27 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 30-08-2013
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: E
• Assessment Year: 2004-2005
• Appeal Filed On: 03-05-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: DEEPAK SUTARIYA
• Assessee Lawyers: SAMEER P BHAGAT
• Keywords: Sale consideration of property below Jantri Value

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES E MUMBAI . . , / , BEFORE SHRI B.R. MITTAL, JUDICIAL MEMBER /AND SHRI RAJENDRA, ACCOUNTANT MEMBER MA NO. 156/MUM/2013 (ARISING OUT OF ITA NO. 7761/MUM/2010) ASSESSMENT YEAR 2004-05 THOMAS COOK (INDIA) LTD. THOMAS COOK BUILDING, DR. D.N.ROAD, FORT, MUMBAI- 400 001 PAN: AAACT4050C VS. THE ADDITIONAL COMMISSIONER OF INCOME TAX, RANGE- 1(3), AAYAKAR BHAVAN, M.K.ROAD, MUMBAI. ( ! / APPELLANT ) ( '# ! / RESPONDENT ) APPELLANT BY : SAMEER P.BHAGAT RESPONDENT BY : SHRI DEEPAK SUTARIYA $ % &' / DATE OF HEARING : 30 -08-2013 ()* % &' / DATE OF PRONOUNCEMENT : 30 -08-2013 + / O R D E R PER RAJENDRA, A.M. THIS MISC.APPLICATION,FILED BY THE ASSESSEE FOR THE A.Y. 2004-05,IS DIRECTED AGAINST THE ORDER PASSED BY THE TRIBUNAL IN ITA NO. 7761/MUM/20 10 DATED. 21-03-2013.APPLICATION IS ACCOMPANIED BY AFFIDAVIT DTD. 30-04-2013 OF MR. AVADHOOT THAKURDESAI, AN EMPLOYEE OF M/S. THOMAS COOK (INDIA) LTD. 2. IT WAS SUBMITTED IN THE APPLICATION THAT APPEAL NO. 7761/MUM/2010 WAS FIXED FOR HEARING ON 14-10-2013, THAT ON THAT DATE, AT THE RE QUEST OF THE COUNSEL OF THE ASSESSEE, CASE WAS ADJOURNED TO 01-11-2011,THAT ON THAT DATE BENCH DID NOT FUNCTION AND THE APPLICANT WAS UN-AWARE OF THE NEXT DATE OF HEARING, THAT SAME WAS ADJOURNED TO 20 TH MARCH 2012, THAT NOBODY WAS PRESENT ON BEHALF OF THE APPLICANT BECAUSE THE ASSESSEE WAS NOT AWARE OF HEARING ON THAT DATE,THAT IN SUCH CIRCUMSTANCES,TRI BUNAL DISMISSED THE APPEAL FILED BY THE ASSESSEE. IT WAS FURTHER SUBMITTED THAT NON-APPEARA NCE WAS BECAUSE OF THE REASON THAT THE APPLICANT WAS UNDER THE INCORRECT BUT BONA FIDE IMP RESSION THAT HE WOULD RECEIVE A FRESH NOTICE OF HEARING REGARDING THE NEW DATE FOR ITS AP PEAL,THAT IN THE INTEREST OF JUSTICE MATTER SHOULD BE RECALLED .BEFORE US,AUTHORISED REPRESENTA TIVE REITERATED THE SUBMISSIONS MADE IN THE APPLICATION AND THE AFFIDAVIT.DEPARTMENTAL R EPRESENTATIVE (DR) SUBMITTED THAT HE HAD NO OBJECTION IF ORDER WAS RECALLED. 3. WE HAVE CAREFULLY CONSIDERED THE SUBMISSIONS OF THE RIVAL PARTIES AND PERUSED THE MATERIAL AVAILABLE ON RECORD.AFTER HAVING SATISFIED ABOUT THE REASONS SUBMITTED BY THE MA NO. 156/MUM/2013 (ARISING OUT OF ITA NO. 7761/M/2010) ASSESSMENT YEAR 2004-05 2 ASSESSEE AND CONSIDERING THE FACTS AND CIRCUMSTANCE S OF THE CASE, WE ARE OF THE VIEW THAT THERE WAS SUFFICIENT CAUSE FOR NON-APPEARANCE OF TH E ASSESSEE OR THE AR OF THE ASSESSEE,ON THE DATE OF HEARING AND ACCORDINGLY THE EX-PARTE OR DER PASSED BY US ON 21.03.2013 IS RECALLED. PARTIES HAVE TO APPEAR,WITHOUT WAITING FO R FRESH NOTICE,ON 14-10-2013 FOR NEXT HEARING,AS INFORMED IN THE OPEN COURT. 4. IN THE RESULT, THE MISC. APPLICATION FILED BY THE ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 30-08-2013. SD/- SD/- ( . . / B.R. MITTAL ) ( / RAJENDRA ) / JUDICIAL MEMBER / ACCOUNTANT MEMBER MUMBAI, -$ DATE: 30 TH AUGUST, 2013 SK + % '&. /.*& + % '&. /.*& + % '&. /.*& + % '&. /.*& / COPY OF THE ORDER FORWARDED TO : 1. APPELLANT 2. RESPONDENT 3. THE CONCERNED CIT (A) 4. THE CONCERNED CIT 5. DR E BENCH, ITAT, MUMBAI 6. GUARD FILE #.& '& //TRUE COPY// +$ +$ +$ +$ / BY ORDER, 0 00 0 / 1 1 1 1 DY./ASSTT. REGISTRAR , / ITAT, MUMBAI