PRIYANKA V MOOLRAJANI, V. ITO WD 3(2),

MA 170/MUM/2010

• Counselvise Citation: [2010] 119 COUNSELVISE.COM (IT) 3800 (ITAT-MUMBAI)
• Duration Of Justice: 3 month(s) 1 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 18-06-2010
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Assessment Year: 2005-2006
• Appeal Filed On: 17-03-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: VIRENDRA OJHA
• Assessee Lawyers: M P MAKHIJA
• Keywords: Reasonable cause

Judgement Text

MA NO. 170/MUM/2010 1 IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH C MUMBAI BEFORE SHRI P M JAGTAP, AM & SHRI R S PADVEKAR, JM MA NO. 170/MUM/2010 ARISING OUT OF ITA NO.1198/MUM/2009 (ASST YEAR 2005-06) SMT PRIYANKA V MOOLRAJANI GD FLOOR SUNIL RAJ CHS LTD KOPRI COLONY THANE (E) MUMBAI VS THE INCOME TAX OFFICER WARD 3(2), THANE (APP LICANT ) (RESPONDENT) PAN AFBPM4757Q ASSESSEE BY: SHRI M P MAKHIJA REVENUE BY: SHRI VIRENDRA OJHA O R D E R PER R S PADVEKAR: THE ASSESSEE HAS FILED THIS MISCELLANEOUS APPLICAT ION WITH PRAYER TO RECALL THE ORDER OF THE TRIBUNAL IN ITA NO.1198/MUM /2009 DATED 17.12.2009 DISMISSING THE APPEAL OF THE ASSESSEE FO R NON PROSECUTION. 2 WE HAVE HEARD THE PARTIES. THE APPEAL WAS FIXED F OR HEARING ON 16.12.2009. BUT THE ASSESSEE REMAINED ABSENT ON THE DATE OF HEARING. 4 WE HAVE PERUSED THE REASONS GIVEN IN THE APPLIC ATION AND WE ARE SATISFIED THAT THERE WAS REASONABLE CAUSE IN NOT AT TENDING ON THE DATE OF HEARING. WE, THEREFORE, RECALL OUR ORDER IN ITA NO. 1198/MUM/2009 DATED 17.12.2009. 5 THE APPEAL IS FIXED FOR HEARING ON MERIT ON 10 TH AUG 2010. SINCE THE DATE OF HEARING WAS PRONOUNCED IN THE OPEN COURT IN THE PRESENCE OF BOTH MA NO. 170/MUM/2010 2 THE PARTIES, THEREFORE, NO SEPARATE NOTICES WILL BE ISSUED TO THE PARTIES. THE REGISTRY IS DIRECTED TO FIX THE APPEAL ACCORDINGLY FOR HEARING. 6 IN THE RESULT, THE MISCELLANEOUS APPLICATION FILE D BY THE ASSESSEE IS ALLOWED. ORDER PRONOUNCED ON THE DATE OF HEARING I.E. 18 TH DAY OF JUNE 2010. SD/- SD/ (P M JAGTAP ) ACCOUNTANT MEMBER (R S PADVEKAR ) JUDICIAL MEMBER PLACE: MUMBAI : DATED: 18 TH JUNE 2010 RAJ* COPY FORWARDED TO: