NIKITA PROPERTIES LTD, V. ACIT 2(2)(3),

MA 214/MUM/2012

• Counselvise Citation: [2012] 123 COUNSELVISE.COM (IT) 9432 (ITAT-MUMBAI)
• Duration Of Justice: 6 month(s) 13 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 12-10-2012
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 1994-1995
• Appeal Filed On: 29-03-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: ASHOK J PATIL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL 'B' BENCH, MUMBAI BEFORE SHRI D. MANMOHAN, VICE PRESIDENT AND SHRI N.K. BILLAIYA, ACCOUNTANT MEMBER MA NO. 214/MUM/2012 (ARISING OUT OF ITA NO.3491/MUM/2010) (ASSESSMENT YEAR: 1994-95) M/S. NIKITA PROPERTIES LTD. A C I T 2(2)(3) 310, GUNDECHA CHAMBERS AAYAKAR BHAVAN, M.K. ROAD N.M. ROAD, FORT, MUMBAI VS. MUMBAI 400020 PAN - AAACN 3302 R APPLICANT RESPONDENT APPLICANT BY: SHRI ASHOK J. PATIL RESPONDENT BY: SHRI DINESH KUMAR DATE OF HEARING: 12.10.2012 DATE OF PRONOUNCEMENT: 12.10.2012 O R D E R PER D. MANMOHAN, V.P. BY THIS MISCELLANEOUS APPLICATION THE ASSESSEE SEEK S RECALL OF THE ORDER DATED 28 TH SEPTEMBER, 2011 FOR THE REASONS EXPLAINED IN THE P ETITION AND IN THE AFFIDAVIT FILED BY THE COUNSEL. 2. WE HAVE HEARD THE LEARNED COUNSEL FOR THE ASSESSEE AS WELL AS THE LEARNED D.R. IN THIS REGARD. 3. HAVING REGARD TO THE CIRCUMSTANCES OF THE CASE WE A RE OF THE OPINION THAT THE ASSESSEE HAS SUFFICIENT REASONS FOR NON-APPEARA NCE ON THE DATE FIXED FOR HEARING. THEREFORE, IN EXERCISE OF THE POWERS VESTE D IN US UNDER RULE 24 OF THE APPELLATE TRIBUNAL RULES WE RECALL THE ORDER DATED 28.09.2011 AND DIRECT THE REGISTRY TO POST THE APPEAL FOR FINAL HEARING ON 11 .02.2013. SINCE THE DATE IS ANNOUNCED IN THE OPEN COURT, NOTICE TO THE PARTIES IS DISPENSED WITH. ORDER PRONOUNCED IN THE OPEN COURT ON 12 TH OCTOBER, 2012. SD/- SD/- (N.K. BILLAIYA) (D. MANMOHAN) ACCOUNTANT MEMBER VICE PRESIDENT MUMBAI, DATED: 12 TH OCTOBER, 2012 MA NO. 214/MUM/2012 M/S. NIKITA PROPERTIES LTD. 2 COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT(A) II, MUMBAI 4. THE CIT II, MUMBAI CITY 5. THE DR, B BENCH, ITAT, MUMBAI BY ORDER //TRUE COPY// ASSISTANT REGISTRAR ITAT, MUMBAI BENCHES, MUMBAI N.P.