SINDOORI TRADERS P. LTD, V. ITO 8(3)2,

MA 16/MUM/2013

• Counselvise Citation: [2013] 124 COUNSELVISE.COM (IT) 0675 (ITAT-MUMBAI)
• Duration Of Justice: 4 month(s) 29 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 07-06-2013
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: E
• Next Hearing Date: 07-06-2013
• Assessment Year: 2003-2004
• Appeal Filed On: 09-01-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: D K SINHA
• Assessee Lawyers: RAKESH MILWANI

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL E BENCH, MUMBAI BEFORE SHRI R.S. SYAL, ACCOUNTANT MEMBER AND DR S.T.M. PAVLAN, JUDICIAL MEMBER M.A. NO. 16/MUM/2013 (ITA NO. 2545/MUM/2007) (ASSESSMENT YEAR : 200304) SINDOORI TRADERS PRIVATE LIMITED 301A, SOLARIS-1 SAKI VIHAR ROAD, ANDHERI (EAST) MUMBAI- 400 072. PAN: AAACS6166Q APPLICANT V/S INCOME TAX OFFICER 8(3)(2) MUMBAI RESPONDENT ASSESSEE BY : SHRI RAKESH M ILWANI) REVENUE BY : SHRI D.K. SIN HA (DR) DATE OF HEARING 07.06.2013 DATE OF ORDER 07.06.2013 ORDER PER R. S. SYAL AM:- THIS MISCELLANEOUS APPLICATION U/S 254(2) OF THE IN COME TAX ACT, 1961 HAS BEEN MOVED BY THE ASSESSEE PRAYING FOR THE RECALLING OF THE ORDER OF THE TRIBUNAL DATED 13.03.2009 IN ITA NO. 2545/M/ 2007. 2. THE LD. COUNSEL FOR THE ASSESSEE CONTENDED THAT THE TRIBUNAL DISMISSED THE ASSESSEES APPEAL IN LIMINE FOR WANT OF APPEARANCE BEFORE THE TRIBUNAL ON THE DATE OF HEARING. AN AFFIDAVIT HAS B EEN FILED BY SHRI VIJAYALAKSHMI RAMCHANDARAN, LOOKING AFTER THE AFFAI RS OF THE ASSESSEE M.A.NO. 16/M/2013 SINDOORI TRADERS PVT.LTD. 2 COMPANY, GIVING REASONS FOR THE NON-APPEARANCE BEFO RE THE TRIBUNAL ON THE SCHEDULED DATE OF HEARING. WE ARE CONVINCED WITH SU CH REASONS. ACCORDINGLY, THE IMPUGNED ORDER IS RECALLED. THE AP PEAL IS DIRECTED TO BE POSTED FOR HEARING ON 10.07.2013. AN ANNOUNCEMENT TO THIS EFFECT WAS MADE IN OPEN COURT ON THE CONCLUSION OF THE HEARING . THE LD. AR HAS NOTED THE FRESH DATE AND ACCORDINGLY WAIVED THE RIGHT TO ANY SEPARATE NOTICE OF HEARING OF APPEAL. 3. IN THE RESULT, THE MISCELLANEOUS APPLICATION IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 07 TH JUNE, 2013 DR. S.T.M. PAVLAN JUDICIAL MEMBER R.S.SYAL ACCOUNTANT MEMBER MUMBAI, DATED: 07 TH JUNE, 2013 COPY OF THE ORDER FORWARDED TO : (1) THE ASSESSEE; (2) THE REVENUE; (3) THE CIT(A); (4) THE CIT, MUMBAI CITY CONCERNED; (5) THE DR, ITAT, MUMBAI; (6) GUARD FILE. SK/- TRUE COPY BY ORDER (DY./ASSTT. REGISTRAR) ITAT, MUMBAI