KRISHNA DEV. P. LTD, V. ADDL CIT 2,

MA 229/MUM/2010

• Counselvise Citation: [2010] 119 COUNSELVISE.COM (IT) 3781 (ITAT-MUMBAI)
• Duration Of Justice: 2 month(s) 19 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 25-06-2010
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: G
• Assessment Year: misc
• Appeal Filed On: 05-04-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: USMAN MOHAMMED
• Assessee Lawyers: RAKEH JOSHI
• Keywords: Reasonable cause

Judgement Text

1 M A NO.229/MUM/2010 IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH G MUMBAI BEFORE SHRI J SUDHAKAR REDDY, AM & SHRI R S PADVE KAR, JM MA NO. 229/MUM/2010 ARISING OUT OF ITA NO. 3016 & 3017/MUM/2009 (ASST YEARS 2004-05 & 05-06 ) M/S KRISHNA DEVELOPERS P LTD 7 TH FLOOR CORPORATE CENTRE MAROL PIPE LIN, ANDHERI KURLA ROAD ANDHERI (E), MUMBAI 59 VS THE ASST COMMR OF INCOME TAX CIR 2 MUMBAI ( APPLICANT ) (RESPONDENT) PAN AABCK 5678G ASSESSEE BY: SHRI RAKEH JOSHI REVENUE BY: SHRI USMAN MOHAMMED O R D E R PER R S PADVEKAR: THE ASSESSEE HAS FILED THIS MISCELLANEOUS APPLICATI ON WITH PRAYER TO RECALL THE ORDER OF THE TRIBUNAL IN ITA NOS 3016 & 3017/MUM/2009 DATED 8.3.2010 DISMISSING THE APPEAL OF THE ASSESSEE FOR NON PROSECUTION. THE APPLICATION IS SUPPORTED BY AFFIDAVIT. 2 WE HAVE HEARD THE PARTIES. THE APPEAL WAS FIXED F OR HEARING ON 3.3.2010. BUT THE ASSESSEE REMAINED ABSENT ON THE D ATE OF HEARING. 3 WE HAVE PERUSED THE REASONS GIVEN IN THE APPLIC ATION AND WE ARE SATISFIED THAT THERE WAS REASONABLE CAUSE FOR NON A TTENDANCE OF THE ASSESSEE OR HIS COUNSEL/A.R. ON THE DATE OF HEARING. WE, TH EREFORE, RECALL OUR ORDER IN ITA NOS 3016 & 3017/MUM/2009 DATED 8.3.2010. 2 M A NO.229/MUM/2010 4 THE APPEAL IS FIXED FOR HEARING ON MERIT ON 12 TH AUG 2010. SINCE THE DATE OF HEARING WAS PRONOUNCED IN THE OPEN COURT IN THE PRESENCE OF BOTH THE PARTIES, THEREFORE, NO SEPARATE NOTICES WILL BE ISSUED TO THE PARTIES. THE REGISTRY IS DIRECTED TO FIX THE APPEAL ACCORDINGLY FOR HEARING. 5 IN THE RESULT, THE MISCELLANEOUS APPLICATION FILE D BY THE ASSESSEE IS ALLOWED. ORDER PRONOUNCED ON THE 25 TH DAY OF JUNE 2010. SD/- SD/- ( J SUDHAKAR REDDY ) ACCOUNTANT MEMBER (R S PADVEKAR ) JUDICIAL MEMBER PLACE: MUMBAI : DATED 25TH, JUNE 2010 RAJ* COPY FORWARDED TO: 1 APPELLANT 2 RESPONDENT 3 CIT 4 CIT(A) 5 DR /TRUE COPY/ BY ORDER DY /AR, ITAT, MUMBAI