ASSOCIATED ELECTRICAL AGENCIES, V. DCIT 18(1),

MA 187/MUM/2011

• Counselvise Citation: [2011] 123 COUNSELVISE.COM (IT) 6439 (ITAT-MUMBAI)
• Duration Of Justice: 1 month(s) 25 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 20-05-2011
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2005-2006
• Appeal Filed On: 25-03-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S K SINGH
• Assessee Lawyers: RAJU SARIA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH A MUMBAI BEFORE SHRI R.S. SYAL (AM) AND SMT ASHA VIJAYARAGHA VAN (JM) M.A. NO. 187/MUM/2011 (ARISING OUT OF ITA NO. 4075/MUM/2009 (ASSESSMENT YEAR- 2005-06) ASSOCIATED ELECTRICAL AGENCIES, D.C. BOTHRA & CO., CAS,297, TARDEO ROAD, WILLIE MANSION, NANACHOWK, 1 ST FLOOR, OPP. BANK OF INDIA, MUMBAI-400 007 PAN-AABFA 2768C VS. THE DCIT 18(1), PIRAMAL CHAMBERS, LALBAUG, MUMBAI-400 012 (APPL IC ANT) (RESPONDENT) APPLICANT BY: SHRI RAJU SARIA RESPONDENT BY: SHRI S.K. SINGH O R D E R PER ASHA VIJAYARAGHAVAN (JM) BY THIS MISCELLANEOUS APPLICATION, THE ASSESSEE REQ UEST TO RECALL THE ORDER OF THE TRIBUNAL PASSED ON 28 TH JANUARY, 2011 PLEADING THAT THE NON ATTENDANCE BEFORE THE TRIBUNAL ON THE SCHEDULED DAT E WAS DUE TO THE FACT THAT WHILE PRONOUNCING THE NEXT DATE OF HEARING IN THE COURT, THE AR OF THE ASSESSEE MISHEARD AND NOTED THE DATE OF HEARING ON 28 TH JANUARY, 2011 INSTEAD OF 20 TH JANUARY, 2011. 2. WE FIND THAT THE REASON GIVEN BY THE ASSESSEE IS SATISFACTORY AND HENCE, IN OUR OPINION, THE ASSESSEE CANNOT BE MADE TO SUFFER. IN THE INTEREST OF JUSTICE, THEREFORE, WE CONSIDER IT PROPER TO REC ALL OUR TRIBUNALS ORDER DT. 28 TH JANUARY, 2011 AND DIRECT THE REGISTRY TO FIX THIS APPEAL FOR FRESH HEARING ON 15.6.2011. SINCE THE DATE WAS ANNOUNCED IN THE COURT, NO FORMAL NOTICE WILL BE ISSUED TO THE PARTIES FOR THE HEARING OF THIS APPEAL ON 15.6.2011. M.A. NO. 187/M/2011 2 3. IN THE RESULT, THE MISCELLANEOUS APPLICATION FIL ED BY THE ASSESSEE IS ALLOWED. ORDER PRONOUNCED ON THIS 20 TH DAY OF MAY, 2011 SD/- SD/- (R.S. SYAL) ( ASHA VIJAYARAGHAVAN) ACCOUNTANT MEMBER JUDICIAL M EMBER MUMBAI, DATED 20 TH MAY, 2011. RJ COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT-CONCERNED 4. THE CIT(A)-CENTRAL - I CONCERNED 5. THE DR A BENCH TRUE COPY BY ORDER ASST. REGISTRAR, I.T.A.T, MUMBAI M.A. NO. 187/M/2011 3 DATE INITIALS 1 DRAFT DICTAT ED ON: 20 . 0 5 . 201 1 SR. PS/PS 2. DRAFT PLACED BEFORE AUTHOR: 20 . 0 5 .201 1 ______ SR. PS/PS 3. DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER: ______ JM/AM 4. DRAFT DISCUSSED/APPROVED BY SECOND MEMBER: ______ JM/AM 5. APPROVED DRAFT COMES TO THE SR. PS/PS: SR. PS/ PS 6. KEPT FOR PRONOUNCEMENT ON: ______ SR. PS/PS 7. FILE SENT TO THE BENCH CLERK: ______ SR. PS/PS 8. DATE ON WHICH FILE GOES TO THE HEAD CLERK: ______ 9 DATE ON WHICH FILE GOES TO THE AR 10 . DATE OF DISPATCH OF ORDER: ______