M/S.PRISM SHARE TRADING PRIVATE LIMITED , MUMBAI V. INCOME TAX OFFICER WARD 13(1)(4), MUMBAI

MA 228/MUM/2023

AI Insights

The case involves Prism Share Trading Services Pvt. Ltd., the appellant, against the ITO-13(1)(4), the respondent. The appellant's initial appeal was dismissed ex-parte due to non-appearance, as they did not receive the hearing notice. The appellant filed a miscellaneous application requesting a recall of the ex-parte order, citing the unserved notices as the reason for their non-compliance. The ITAT, upon reviewing the circumstances and the returned notices, decided to recall the ex-parte order and restore the appeal for a new hearing, allowing the appellant another opportunity to present their case.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 130318 (ITAT-MUMBAI)
• Duration Of Justice: 5 month(s) 6 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 15-08-2023
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Next Hearing Date: 08-06-2023
• Assessment Year: 2014-2015
• Appeal Filed On: 09-03-2023
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

P a g e | 1 MA. No. 228/Mum/2023 Prism Share Trading Services Pvt. Ltd. Vs. The ITO-13(1)(4) IN THE INCOME TAX APPELLATE TRIBUNAL “C” BENCH, MUMBAI BEFORE SHRI AMARJIT SINGH, ACCOUNTANT MEMBER & MS. KAVITHA RAJAGOPAL, JUDICIAL MEMBER M.A No.228/Mum/2023 (Arising out of ITA No. 6466/Mum/2018) (A.Y. 2014-15) Prism Share Trading Services Pvt. Ltd., 218, Raviwar Peth, Laxmi Niwas Building, Near Fulwala Chowk, Pune Mumbai - 411002 Vs. The ITO-13(1)(4) Aaykar Bhavan, Mumbai – 400 020 स्थायी लेखा सं./जीआइआर सं./PAN/GIR No: AAECP4061D Appellant .. Respondent [ Appellant by : None Respondent by : Manoj Kumar Sinha Date of Hearing 07.07.2023 Date of Pronouncement 16.08.2023 आदेश / O R D E R Per Amarjit Singh (AM): The miscellaneous application filed by the assessee is directed against the order vide ITA No.6466/Mum/2018, dated 12.08.2022. 2. The assessee explained that its appeal was dismissed and the same was decided ex-parte vide ITA No. 6466/Mum/2018 on 12.08.2022. The assessee explained that no compliance could be made on the date of hearing before the ITAT since it had not received the notice of hearing and same were returned unserved since its office was closed. Therefore, it has requested to provide more opportunity for deciding the case on merit after hearing the assessee. P a g e | 2 MA. No. 228/Mum/2023 Prism Share Trading Services Pvt. Ltd. Vs. The ITO-13(1)(4) 3. Heard the ld. D.R and perused the submission made by the assessee. We find two notices issued to the assessee were returned unserved as evident from such unserved notices placed in the record. Therefore, considering the request of the assessee we recall the impugned ex-parte order under Rule 24 of the ITAT Rule and restore appeal to its original for hearing a fresh. The registry is directed to list it for hearing in due course after giving opportunity to both sides. Therefore, miscellaneous application filed by the assesse is allowed 4. In the result, the miscellaneous application filed by the assessee is allowed. Order pronounced in the open court on 16.08.2023 Sd/- Sd/- (Kavitha Rajagopal) (Amarjit Singh) Judicial Member Accountant Member Place: Mumbai Date 16.08.2023 Rohit: PS आदेश की प्रतितिति अग्रेतिि/Copy of the Order forwarded to : 1. अपीलाथी / The Appellant 2. प्रत्यथी / The Respondent. 3. आयकर आयुक्त / CIT 4. विभागीय प्रविविवि, आयकर अपीलीय अविकरण DR, ITAT, Mumbai 5. गार्ड फाईल / Guard file. सत्यावपि प्रवि //True Copy// आदेशानुसार/ BY ORDER, उि/सहायक िंजीकार (Dy./Asstt. Registrar) आयकर अिीिीय अतिकरण/ ITAT, Bench, Mumbai.