D.B. VASWANI, V. ITO 12(3)(2),

MA 195/MUM/2011

• Counselvise Citation: [2011] 123 COUNSELVISE.COM (IT) 6709 (ITAT-MUMBAI)
• Duration Of Justice: 2 month(s) 27 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 24-06-2011
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: D
• Assessment Year: 2001-2002
• Appeal Filed On: 28-03-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: G P TRIVEDI

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH D, MUMBAI BEFORE SHRI J. SUDHAKAR REDDY, A.M. AND SHRI V. DUR GA RAO, J.M. M.A. NO. 195/MUM/2011 (IN ITA NO. 2607/M/2008 ASSESSMENT YEAR: 2001-02 D.B. VASWANI. APPLICANT 121, MAKER CHAMBER-VI NARIMAN POINT, MUMBAI 400 021. (PAN AAEPV1833E) VS. INCOME-TAX OFFICER, RESPONDENT 12(3)(2), MUMBAI. APPLICANT BY : MR. VIMAL PUNMIYA RESPONDENT BY : MR. G.P. TRIVEDI ORDER PER V. DURGA RAO, J.M.: THIS MISCELLANEOUS APPLICATION FILED BY THE ASSESSE E ARISES OUT OF THE ORDER OF ITAT D BENCH, MUMBAI BENCHES, MUM BAI, IN APPEAL ITA NO. 2607/MUM/2008 DATED 28TH JANUARY, 2011, WHI CH WAS PASSED EX-PARTE BY THE ITAT. THE ASSESSEE IN THE MA , BESIDES MENTIONING THE REASONS FOR NOT ATTENDING THE HEARIN G OF HIS CASE, REQUESTED THAT NON ATTENDANCE ON THE DATE OF HEARIN G WAS OUT OF INADVERTENCE AND NOT AS THE ASSESSEE DISINTERESTED IN PROSECUTION OF APPEAL. 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 08 /08/2011 FOR M.A. NO. 195/MUM/11 D.B. VASWANI 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 THIS 24 TH DAY OF JUNE, 2011. SD/- SD/- (J. SUDHAKAR REDDY) (V. DU RGA RAO) ACCOUNTANT MEMBER JUDI CIAL MEMBER MUMBAI, DATED: 24 TH JUNE, 2011 KV COPY TO:- 1) THE APPELLANT. 2) THE RESPONDENT. 3) THE CIT (A) CONCERNED. 4) THE CIT CONCERNED. 5) THE DEPARTMENTAL REPRESENTATIVE, D BENCH, I.T .A.T., MUMBAI. BY ORDER //TRUE COPY// ASST. REGISTRAR, I.T.A.T., MUMBAI.