YSN SHARES AND SECURITIES P. LTD, V. ASST CIT,

MA 223/MUM/2013

• Counselvise Citation: [2013] 124 COUNSELVISE.COM (IT) 1133 (ITAT-MUMBAI)
• Duration Of Justice: 4 month(s) 27 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 22-11-2013
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: G
• Next Hearing Date: 22-11-2013
• Assessment Year: 1992-1993
• Appeal Filed On: 25-06-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: O P SINGH
• Assessee Lawyers: B V JHAVERI
• Keywords: Reasonable cause; Non compliance

Judgement Text

, , , , IN THE INCOME TAX APPELLATE TRIBUNALG BENCH, MUMB AI . .. . . .. . , ,, , ! ! ! ! , ' ' ' ' # $ % # $ % # $ % # $ %, ,, , & ! & ! & ! & ! ' ' ' ' BEFORE SHRI P.M. JAGTAP, ACCOUNTANT MEMBER AND SHRI AMIT SHUKLA, JUDICIAL MEMBER M.A. NO.223/MUM/2013 ARISING OUT OF ITA NO.317/MUM/2011 ASSESSMENT YEAR-1992-93 M/S. YSN SHARES & SECURITIES PVT. LTD.(NOW KNOWN AS M/S. STEWART & MACKERTICH WEALTH MANAGEMENT LTD.)82. NAGINDAS MASTER ROAD, MUMBAI-400023 ( ( ( ( / VS. THE ACIT , AAYAKAR BHAVAN, MUMBAI-400020 !) ./ PAN : AAACY0137D ( )* / APPELLANT ) .. ( +,)* / RESPONDENT ) )* - . / APPELLANT BY : SHRI B.V. JHAVERI +,)* - . / RESPONDENT BY : SHRI O.P.SINGH (' - / DATE OF HEARING : 22-11-2013 /01 - / DATE OF PRONOUNCEMENT : 22-11-2013 $ $ $ $ / ORDER # $ % # $ % # $ % # $ %, ,, , & ! & ! & ! & ! 2 2 2 2 / PER AMIT SHUKLA, J.M. THIS MISCELLANEOUS APPLICATION HAS BEEN FILED BY T HE ASSESSEE REQUESTING TO RECALL THE EXPARTE ORDER DATED 16.05 .2013 OF THE TRIBUNAL IN ITA NO. 317/MUM/2011. IN THE SAID ORDER THE TRIBUNA L HAD DISMISSED THE APPEAL OF THE ASSESSEE AS UNADMITTED FOR WANT OF RE PRESENTATION FROM THE SIDE OF THE ASSESSEE. 2 M.A. NO.223/MUM/2013 2. IN THE MISCELLANEOUS APPLICATION ALONGWITH THE A FFIDAVIT FILED, IT HAS BEEN SUBMITTED THAT THE HEARING IN THE CASE WAS BEI NG ADJOURNED, BECAUSE THE BENCH WAS NOT FUNCTIONING ON 01.01.2013 AND THE CASE WAS ADJOURNED TO 06.03.2013. ON THAT DAY ALSO THE BENCH WAS NOT F UNCTIONING. THEREFORE, THE APPEAL WAS FIXED FOR HEARING ON 16.05.2013. BUT THE LEARNED AR FOR THE ASSESSEE HAD MADE AN INADVERTENT MISTAKE IN READING THE DATE OF HEARING AS 6 TH MAY 2013 INSTEAD OF 16 TH MAY 2013 . BECAUSE OF THIS MISTAKE; NO ONE COULD APPEAR BEFORE THE TRIBUNAL ON 16.05.2013. AN AFFIDAVIT TO THIS EFFECT HAS BEEN FILED AND IT HAS BEEN REQUESTED THA T THE ORDER MAY BE RECALLED FOR FRESH ADJUDICATION AFTER HEARING THE A SSESSEE ON MERITS. 3. WE HAVE PERUSED THE RECORDS AND CONSIDERED THE MATTER CAREFULLY. ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE, WE ARE SATISFIED THAT THERE WAS A REASONABLE CAUSE FOR NON COMPLIANCE ON PART OF THE ASSESSEE. THEREFORE, IN THE INTEREST OF JUSTICE, WE RECALL TH E ORDER DATED 16.05.2013 OF THE TRIBUNAL AND RESTORE THE APPEAL TO ITS ORIGINAL NUMBER. THE DATE OF HEARING IS NOW FIXED FOR 11 TH DECEMBER 2013. SINCE THE DATE OF HEARING HAS BEEN PRONOUNCED IN THE OPEN COURT IN THE PRESEN CE OF BOTH THE PARTIES, THEREFORE, NO FORMAL NOTICE IS REQUIRED TO BE ISSUE D BY THE REGISTRY. 4. IN THE RESULT MISCELLANEOUS APPLICATION FILED BY THE ASSESSEE IS ALLOWED. $ - 01 3 4 (5 22.11.2013 - 6 ORDER PRONOUNCED IN THE OPEN COURT ON 22.11.2013. SD/- SD/- P.M.JAGTAP AMIT SHUKLA ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI, 4 ( 4 ( 4 ( 4 ( DATED: 22.11.2013 F{X~{T? P.S. 3 M.A. NO.223/MUM/2013 $ - + 871 / COPY OF THE ORDER FORWARDED TO : (1) &( 9: / THE ASSESSEE; (2) !' / THE REVENUE; (3) ;() / THE CIT(A); (4) ; / THE CIT, MUMBAI CITY CONCERNED; (5) 7'> +&&( , , / THE DR, ITAT, MUMBAI; (6) ?9 @ / GUARD FILE. ,7 +& / TRUE COPY $( / BY ORDER A / B / (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI