DOLPHIN MANAGEMENT ADVISERS PVT LTD., MUMBAI V. ITO 14(1)(4), MUMBAI

MA 232/MUM/2022

• Counselvise Citation: [2022] 103 COUNSELVISE.COM (IT) 9551 (ITAT-MUMBAI)
• Duration Of Justice: 2 month(s) 1 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 27-10-2022
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Next Hearing Date: 31-12-0000
• Assessment Year: 2007-2008
• Appeal Filed On: 25-08-2022
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ABDUL HAKEEM M

Judgement Text

THE INCOME TAX APPELLATE TRIBUNAL “SMC” Bench, Mumbai Shri B.R. Baskaran (AM) M.A. No. 232/Mum/2022 in I.T.A. No. 529/Mum/2020 (A.Y. 2007-08) Dolphin Management Advisers Pvt. Ltd. 502, Prabhu Prerna VAllabh Baug Lane Ghatkopar East Mumbai-400 077. Vs. ITO-14(1)(4) Room No. 203 2 nd Floor Aayakar Bhavan M.K. Road Mumbai-400 020. (Appellant) (Respondent) I.T.A. No. 529/Mum/2020 (A.Y. 2007-08) Dolphin Management Advisers Pvt. Ltd. 502, Prabhu Prerna VAllabh Baug Lane Ghatkopar East Mumbai-400 077. Vs. ITO-14(1)(4) Room No. 203 2 nd Floor Aayakar Bhavan M.K. Road Mumbai-400 020. (Appellant) (Respondent) PAN : AACCD2432J Assessee by Shri Dharan Gandhi Department by Shri Abdul Hakeem M Date of Hearing 28.10.2022 Date of Pronouncement 28.10.2022 O R D E R M.A. No. 232/Mum/2022 The assessee has filed this miscellaneous application seeking recall of the order dated 20-04-2022 passed ex-parte by the Tribunal in the Income tax Appeal filed by the assessee for AY 2007-08, referred in the caption. 2. The Ld A.R submitted that the assessee had filed application for adjournment of the case, when the appeal was posted for hearing on 14.02.2022. On that date, the appeal got adjourned to 30-03-2022. Since Dolphin Management Advisers Pvt. Ltd. 2 the assessee was not represented by anyone, the date of adjournment could not be noticed by the assessee. Further, the assessee was under bonafide belief that the Tribunal shall send a notice of hearing to it. However, no hearing notice was sent to the assessee. Hence the assessee could not represent its case on 30-03-2022, when the case was finally heard ex-parte. Accordingly, the Ld A.R submitted that non-appearance before the Tribunal on 30-03-2022 was for bonafide reasons and the same constitute sufficient cause. Accordingly, he prayed for recall of the order passed by the Tribunal, ex-parte. 3. I heard Ld D.R and perused the record. Having regard to the submissions made by the assessee and Ld A.R, I am of the view that there was sufficient cause for the assessee for not representing before the Tribunal on the date of hearing of the appeal, i.e., 30-03-2022. Accordingly, in exercise of power vested upon the Tribunal under Rule 24 of the Appellate Tribunal Rules, 1963, I recall the impugned order dated 30-03-2022 passed by the Tribunal ex-parte. ITA No. 529/Mum/2020 4. The Ld A.R further submitted that the assessee has already settled the issue contested in the appeal under Vivad Se Vishwas Act. Accordingly, he prayed that the assessee wants to withdraw the appeal, so recalled. Accordingly, he prayed that the appeal may also be disposed of. 5. The Ld D.R did not object to the plea put forth by Ld A.R. Accordingly, with the concurrence of both the parties, the appeal was taken up for hearing. Since the assessee seeks to withdraw appeal on the ground that it has settled the dispute under Vivad Se Vishwas Act, we allow the assessee to withdraw the appeal. Accordingly, the appeal of the assessee is dismissed as withdrawn. Dolphin Management Advisers Pvt. Ltd. 3 6. In the result, the miscellaneous application filed by the assessee is allowed and the appeal of the assessee is dismissed. Order pronounced in the open court on 28.10.2022. Sd/- (B.R. BASKARAN) ACCOUNTANT MEMBER Mumbai; Dated : 28/10/2022 Copy of the Order forwarded to : 1. The Appellant 2. The Respondent 3. The CIT(A) 4. CIT 5. DR, ITAT, Mumbai 6. Guard File. BY ORDER, //True Copy// (Assistant Registrar) PS ITAT, Mumbai