SANJAY VADODARI, V. ITO 25(3)(4),

MA 218/MUM/2010

• Counselvise Citation: [2010] 119 COUNSELVISE.COM (IT) 3830 (ITAT-MUMBAI)
• Duration Of Justice: 2 month(s) 11 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 11-06-2010
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: E
• Assessment Year: 2005-2006
• Appeal Filed On: 31-03-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: D PEERYA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH E MUMBAI BEFORE & SHRI N.V.VASUDEVAN, JM SHRI T.R.SOOD, A.M. M.A..NO.218/MUM/2010 - A.Y 2005-06 [ARISING OUT OF I.T.A.NO.1564/MUM/2009] SHRI VADODARIA, 29-B ROOP KAMAL, 426 S.V.ROAD, KANDIVALI [W], MUMBAI 400 067 PAN NO.ABPPV 6461 L VS. THE INCOME TAX OFFICER, WARD 25(3)(4), MUMBAI (APPLICANT) (RESPONDENT) APPLICANT BY : SHRI VIJAY MEHTA. RESPONDENT BY : SHRI D.PEERYA. O R D E R PER T.R.SOOD,AM: THROUGH THIS MISCELLANEOUS APPLICATION THE ASSESSE E HAS SOUGHT RECALLING OF THE ORDER OF THE TRIBUNAL DATED 29/1/2 009 IN I.T.A.NO.1564/MUM/2009 WHICH HAS BEEN DISMISSED IN LIMINE. 2. THE LD.COUNSEL OF THE ASSESSEE SUBMITTED THAT NO NOTICE WAS RECEIVED BY THE ASSESSEE AND THAT IS WHY NOBODY COU LD ATTEND ON BEHALF OF THE ASSESSEE. SINCE THE ASSESSEE WAS DEPR IVED AN OPPORTUNITY OF HEARING, HE MADE A PRAYER FOR RECALL OF THE ORDE R OF THE TRIBUNAL DATED 29/1/2009 IN I.T.A.NO.1564/M/09. 3. ON THE OTHER HAND, THE LD. DR RELIED ON THE ORDE R OF THE TRIBUNAL. 2 4. WE CONSIDERED THE RIVAL SUBMISSIONS CAREFULLY. W E ARE SATISFIED THAT THE ASSESSEE COULD NOT ATTEND THE HEARING BECA USE OF VALID REASONS. THEREFORE, WE RECALL OUR ORDER DATED 29/1/ 2009 IN I.T.A.NO.970/MUM/2009 AND DIRECT THE REGISTRY TO FI X THE APPEAL FOR HEARING AGAIN ON 12/7/2010. NO SEPARATE NOTICE WOUL D BE ISSUED AND ASSESSEE SHOULD TAKE NOTICE FROM THIS ORDER ITSELF. 4. IN THE RESULT, MISCELLANEOUS APPLICATION IS ALLO WED. ORDER PRONOUNCED ON THIS 11 TH DAY OF JUNE, 2010. SD/- SD/- (N.V.VASUDEVAN) (T.R.SOOD) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI: 11 TH JUNE, 2010. P/-*