J.K. INTERNATIONAL TRDERS, V. DCIT 14(1), MUMBAI

MA 231/MUM/2010

• Counselvise Citation: [2010] 119 COUNSELVISE.COM (IT) 3599 (ITAT-MUMBAI)
• Duration Of Justice: 1 month(s) 15 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 21-05-2010
• Appeal Filed By: Assessee
• Bench Allotted: J
• Assessment Year: misc
• Appeal Filed On: 06-04-2010
• Court: TRIBUNAL
• Department Lawyers: L K AGRAWAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH J BEFORE SHRI R.S. SYAL (AM) & N.V. VASUDEVAN (JM) M.A. NO. 231/MUM/2010 ARISING OUT OF I.T.A.NO. 1246 & 1247/MUM/2009 (ASSESSMENT YEAR : 1998-99 & 2002-03) M/S. J.K. INTERNATIONAL TRADERS B-12, ANJANI COMPLEX OPP. CINEMAGIC, CHAKALA ANDHRI KURLA ROAD ANDHRI EAST MUMBAI-400 099. VS. DCIT 14(1) MUMBAI. APPELLANT RESPONDENT PAN/GIR NO. : AAAFJ1516C ASSESSEE BY : SHRI VIJAY MEHTA DEPARTMENT BY : SHRI L.K. AGRAWAL ORDER PER N.V. VASUDEVAN, JM :- THIS MISCELLANEOUS APPLICATION FILED BY THE ASSESS EE PRAYING THAT THE ORDER DATED 5.2.2010 DISMISSING THE APPEALS OF THE ASSESSEE FOR NON- PROSECUTION SHOULD BE RECALLED. 2. THE APPEALS WERE LISTED FOR HEARING ON 2.2.2010 AND THE TRIBUNAL AFTER NOTICING THAT NOTICE OF HEARING SENT TO THE A DDRESS GIVEN IN FORM NO. 36 HAVE NOT BEEN RETURNED UNSERVED AND NONE APPEARI NG ON BEHALF OF THE ASSESSEE ON THE DATE OF HEARING, PRESUMED THAT THE ASSESSEE WAS NOT INTERESTED IN PROSECUTING THE APPEAL; AND THEREFORE , DISMISSED THE APPEALS FOR NON-PROSECUTION. 3. IN THIS MISCELLANEOUS APPLICATION, THE ASSESSEE HAS CLAIMED THAT NO NOTICE OF HEARING WAS EVER RECEIVED BY IT. ONE O F THE PARTNER OF THE ASSESSEE HAS ALSO FILED AN AFFIDAVIT AFFIRMING THAT NO NOTICE OF HEARING WAS EVER RECEIVED. IN THE ABOVE CIRCUMSTANCES, WE R ECALL THE ORDER DATED M/S. J.K. INTERNATIONAL TRADERS 2 5.2.2010. THESE APPEALS ARE DIRECTED TO BE LISTED FOR HEARING ON 22.7.2010. THE DATE OF HEARING WAS ANNOUNCED IN THE OPEN COURT; AND IT WAS ALSO INFORMED THE NO SEPARATE NOTICE WILL BE SE NT TO THE ASSESSEE. ORDER HAS BEEN PRONOUNCED ON 21 ST DAY OF MAY, 2010. SD/- (R.S. SYAL) ACCOUNTANT MEMBER SD/- (N.V. VASUDEVAN) JUDICIAL MEMBER DATED : 21 ST MAY, 2010 COPY TO : 1. THE ASSESSEE 2. THE RESPONDENT 3. THE CIT(A)-CONCERNED. 4. THE CIT, CONCERNED. 5. THE DR CONCERNED, MUMBAI 6. GUARD FILE BY ORDER TRUE COPY ASSTT. REGISTRAR, ITAT, MUMBAI PS