EFTEC SHROFF (INDIA) LTD, V. ADDL CIT 9(1),

MA 175/MUM/2011

• Counselvise Citation: [2011] 123 COUNSELVISE.COM (IT) 7007 (ITAT-MUMBAI)
• Duration Of Justice: 4 month(s) 18 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 05-08-2011
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: E
• Next Hearing Date: 05-08-2011
• Assessment Year: 2006-2007
• Appeal Filed On: 18-03-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: UPENDRA SHAH
• Keywords: Reasonable cause

Judgement Text

1 MA NO. 175/MUM/2011 ARISING OUT OF ITA NO. 1029/MUM/2010 (ASST YEAR 2006-07 ) IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI E BENCH MUMBAI BENCHES, MUMBAI BEFORE SHRI T R SOOD , AM & SHRI VIJAY PAL RAO, J M MA NO. 175/MUM/2011 ARISING OUT OF ITA NO. 1029/MUM/2010 (ASST YEAR 2006-07 ) EFFTEC SHROFF (INDIA) LTD PLOT NO. 645/46 4 & 5 TH FLOOR OBROI CHAMBERS NEW LNK ROAD ANDHERI (W) MUMBAI 53 VS THE ADDL COMM OF INCOME TAX 9(1), MUMBAI (APPLICANT) (RESPONDENT) PAN NO. AAACE7652D ASSESSEE BY SHRI UPENDRA SHAH REVENUE BY SHRI V V SHASTRI DT.OF HEARING 5 TH AUG 2011 DT OF PRONOUNCEMENT 5 TH AUG 2011 ORDER PER VIJAY PAL RAO, JM THE ASSESSEE HAS FILED THIS MISCELLANEOUS APPLICAT ION WITH PRAYER TO RECALL THE ORDER OF THE TRIBUNAL IN ITA NO.1029/MUM/2010 DATED 11.2.2011 DISMISSING THE APPEAL OF THE ASSESSEE FOR NON PROSECUTION. 2 WE HAVE HEAD THE PARTIES AND CONSIDERED THE REA SONS GIVEN IN THE AFFIDAVIT FILED BY THE ASSESSEE AND WE ARE SATISFIED THAT THE RE WAS REASONABLE CAUSE FOR NON ATTENDANCE OF THE ASSESSEE OR HIS COUNSEL/A.R. ON T HE DATE OF HEARING. WE, THEREFORE, RECALL OUR ORDER IN ITA NO.1029/MUM/2010 DATED 11.2.2011. 2 MA NO. 175/MUM/2011 ARISING OUT OF ITA NO. 1029/MUM/2010 (ASST YEAR 2006-07 ) 4 THE APPEAL IS FIXED FOR HEARING ON MERIT ON 22 ND SEPT 2011. SINCE THE DATE OF HEARING WAS PRONOUNCED IN THE OPEN COURT IN THE PRE SENCE OF BOTH THE PARTIES, THEREFORE, NO SEPARATE NOTICES WILL BE ISSUED TO TH E PARTIES. THE REGISTRY IS DIRECTED TO FIX THE APPEAL ACCORDINGLY FOR HEARING. 5 IN THE RESULT, THE MISCELLANEOUS APPLICATION FILE D BY THE ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT AT THE TIME OF HEARING I.E. ON 5 TH AUG 2011. SD/- SD/- ( T R SOOD ) ACCOUNTANT MEMBER ( VIJAY PAL RAO ) JUDICIAL MEMBER PLACE: MUMBAI : DATED: 5 TH AUG 2011 RAJ* COPY FORWARDED TO: 1 APPELLANT 2 RESPONDENT 3 CIT 4 CIT(A) 5 DR /TRUE COPY/ BY ORDER DY /AR, ITAT, MUMBAI