CORE DRIVELINES )I) P. LTD, V. ITO 10(3)11,

MA 214/MUM/2011

• Counselvise Citation: [2012] 123 COUNSELVISE.COM (IT) 7825 (ITAT-MUMBAI)
• Duration Of Justice: 11 month(s) 11 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 16-03-2012
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Assessment Year: 2006-2007
• Appeal Filed On: 05-04-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: PARTHASARTHY NAIK
• Assessee Lawyers: MRS ARUNDATI A WALAWALKAR

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCH C,MUMBAI BEFORE SHRI N.V. VASUDEVAL (JM) & SHRI RAJENDRA SI NGH (AM) M.A.NO. 214/MUM/2011 (ARISING OUT OF I.T.A. NO.2622/MUM/2010 (A.Y. 2006-07) M/S. CORE DRIVELINES (INDIA) PVT.LTD., PLOT NO.B-3, MIDC, PHASE-II, MANPADA, DOMBIVLI (E), THANE-421 205. PAN: AACCC 1294 R. VS. INCOME-TAX OFFICER-10(3)(1), AAYKAR BHAVAN, CHURCHGATE, M.K. ROAD, MUMBAI-400 020. APPLICANT RESPONDENT APPLICANT BY MRS. ARUNDATI A. WALAWALKAR. RESPONDENT BY MR. PA RTHASARTHY NAIK. DATE OF HEARING 16-03-2011 DATE OF PRONOUNCEMENT 16-03-2012 O R D E R PER N.V. VASUDEVAN, JM : THIS IS AN APPLICATION FILED BY THE ASSESSEE PRAYIN G FOR RECALL OF THE ORDER DATED 08-03-2011 PASSED BY THE TRIBUNAL DISMISSING THE ABOVE APPEAL OF THE ASSESSEE FOR NON-PROSECUTION. 2. THE APPEAL WAS FIXED FOR HEARING ON 08-03-2011, AND SINCE NONE APPEARED FOR THE ASSESSEE, THE APPEAL WAS DISMISSED FOR NON-PROS ECUTION. IN THE MISC. APPLICATION, THE ASSESSEE HAS POINTED OUT THAT THE NOTICE OF HEARING WAS NOT RECEIVED BY IT. CONSIDERING THE PLEA TAKEN IN THE MISC. APPL ICATION, WE ARE OF THE VIEW THAT THE EX PARTE ORDER SHOULD BE RECALLED. WE, THEREFORE, R ECALL THE ORDER DATED 08-03-2011. THE APPEAL IS DIRECTED TO BE LISTED FOR HEARING ON 27-06-2012. IT WAS MADE CLEAR MA NO.214/M/2011 CORE DRIVELINES (I) P.LTD. 2 THAT NO NOTICE OF HEARING WILL BE ISSUED TO THE PAR TIES AS THE DATE OF HEARING WAS ANNOUNCED IN THE OPEN COURT. 3. IN THE RESULT, THE MISC. APPLICATION IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON THE 16TH DAY OF MARCH, 2012. SD/- SD/- (RAJENDRA SINGH ) (N.V. VASUDEVAN) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI: 16TH MARCH , 2012. NG: COPY TO : 1. ASSESSEE. 2. DEPARTMENT. 3 CIT(A) CONCERNED. 4 CIT CONCERNED. 5.DR,C BENCH,MUMBAI. 6.MASTER FILE. (TRUE COPY) BY ORDER, ASST.REGISTRAR, ITAT, MUMBAI. MA NO.214/M/2011 CORE DRIVELINES (I) P.LTD. 3 DETAILS DATE INITIALS DESIGNAT ION 1. DRAFT DICTATED ON 16-03-2012 SR.PS/ 2. DRAFT PLACED BEFORE AUTHOR 16-03-2012 SR.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/ 6. KEPT FOR PRONOUNCEMENT ON SR.PS/ 7. FILE SENT TO THE BENCH CLERK SR.PS/ 8. DATE ON WHICH THE FILE GOES TO THE HEAD CLERK 9. DATE ON WHICH FILE GOES TO THE AR 10. DATE OF DISPATCH OF ORDER