OMCI MARINE SERVICES P. LTD, V. ITO 10(3)(3),

MA 16/MUM/2011

• Counselvise Citation: [2011] 123 COUNSELVISE.COM (IT) 6424 (ITAT-MUMBAI)
• Duration Of Justice: 3 month(s) 19 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 27-04-2011
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Assessment Year: 2003-2004
• Appeal Filed On: 07-01-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SU RENDRA KUMAR

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH C, MUMBAI BEFORE SHRI R.S. SYAL, A.M. AND SHRI V. DURGA RAO, J.M. M.A. NO. 16/MUM/2011 (IN ITA NO. 4755/MUM/2008 ASSESSMENT YEAR: 2003-04) M/S OMCI MARINE SERVICES PVT. LTD., APPLICANT M1, LEELA BUSINESS PARK, ANDHERI (EAST), MUMBAI 400 059 (PAN AAACO4266 F) VS. INCOME TAX OFFICER 10(3)(3), RESPONDENT MUMBAI APPLICANT BY : MRUGAKSHI JOSHI RESPONDENT BY : MR. SURENDRA KUMAR ORDER PER V. DURGA RAO, J.M.: THIS MISCELLANEOUS APPLICATION FILED BY THE ASSESSE E ARISES OUT OF THE ORDER OF ITAT C BENCH, MUMBAI BENCHES, MUM BAI, IN APPEAL ITA NO. 4755/MUM/2008 DATED 8 TH OCTOBER, 2010, WHICH WAS PASSED EX-PARTE BY THE ITAT. THE ASSESSEE IN THE MA, BESID ES MENTIONING THE REASONS FOR NOT ATTENDING THE HEARING OF HIS CASE, REQUESTED THAT NON ATTENDANCE ON THE DATE OF HEARING WAS OUT OF INADVE RTENCE AND NOT AS THE ASSESSEE DISINTERESTED IN PROSECUTION OF APPEAL . TO THIS EFFECT, THE ASSESEE HAS FILED AN AFFIDAVIT. 2. WE HAVE HEARD THE LEARNED COUNSEL OF THE ASSESSE E AND THE LEARNED DR IN THE MATTER. IN VIEW OF THE ABOVE THAT THE ASSESSEE IS INTERESTED IN PROSECUTING ITS APPEAL, THE ORDER OF THE ITAT (SUPRA) IS RECALLED. THE REGISTRY IS DIRECTED TO FIX THE APPE AL ON 04/05/2011 FOR M.A. NO. 16/MUM/11 M/S OMCI MARINE SERVICES PVT. LTD. 2 HEARING AND ADJUDICATING THE APPEAL ON MERITS, WHIC H IS ANNOUNCED IN THE OPEN COURT. 3. IN THE RESULT, THE MISCELLANEOUS APPEAL FILED BY THE ASSESSEE IS ALLOWED AS INDICATED ABOVE. PRONOUNCED IN THE OPEN COURT ON 27/04/2011. SD/- SD/- (R.S. SYAL) (V. DURGA RAO) ACCOUNTANT MEMBER JUDIC IAL MEMBER DATED: 27 TH APRIL, 2011 COPY TO:- 1) THE APPELLANT. 2) THE RESPONDENT. 3) THE CIT (A) CONCERNED. 4) THE CIT CONCERNED. 5) THE DEPARTMENTAL REPRESENTATIVE, C BENCH, I.T .A.T., MUMBAI. BY ORDER //TRUE COPY// ASST. REGISTRAR, I.T.A.T., MUMBAI. KV