TOWER CAPITAL AND SECURITIES P.LD, V. DCIT 4(2),

MA 234/MUM/2012

• Counselvise Citation: [2012] 123 COUNSELVISE.COM (IT) 9508 (ITAT-MUMBAI)
• Duration Of Justice: 6 month(s) 28 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 09-11-2012
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: H
• Assessment Year: 2006-2007
• Appeal Filed On: 11-04-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: RAJARSHI DWIVEDI

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH H, MUMBAI BEFORE SHRI P.M JAGTAP, ACCOUNTANT MEMBER AND SHRI VIVEK VARMA, JUDICIAL MEMBER MA NO. 234/MUM/2012 ARISING OUT OF ITA NO. 5394/MUM/2010, A.Y. 2006-07 TOWER CAPITAL AND SECURITIES PVT LTD, ABAN HOUSE, 2 ND FLOOR, 25/31, ROPEWALK LANE, OFF. K. DABASH MARG, FORT, MUMBAI -400 023 PAN: AAACT 2154 M VS. ASST. COMMISSIONER OF INCOME-TAX CIRCLE 4(2), MUMBAI (APPELLANT) (RESPONDENT) APPLICANT BY : MR. RAJEN DAMANI RESPONDENT BY : SHRI RAJARSHI DWIVEDI DATE OF HEARING: 09-11-2012 DATE OF PRONOUNCEMENT: 09-11-2012 O R D E R PER VIVEK VARMA, JM: THE ASSESSEE HAS MOVED THE INSTANT MISCELLANEOUS APPLIC ATION (MA), PRAYING FOR RESTORATION OF APPEAL, WHICH WAS DISPOSED OFF VIDE ORDER DATED 01.02.2012, AS THE APPEAL WAS NOT REPRESEN TED ON THE APPOINTED DATE AND THERE WAS NO PRAYER FOR ADJOURNMENT AS WELL. 2. IN THE AFFIDAVIT ACCOMPANYING THE MA, THE COUNSEL FOR TH E ASSESSEE HAS SUBMITTED THAT ON THE APPOINTED DATE, HE HAD TO GO OUT OF STATION, BECAUSE OF WHICH, THE APPEAL COULD NOT BE REPRESE NTED. THE AR, THEREFORE, PRAYED THAT THE APPEAL BE RESTORED, AS T HERE WERE REASONABLE GROUND FOR NON APPEARANCE. 3. THE DR RESISTED THE PRAYER FOR RESTORATION. TOWER CAPITAL AND SECURITIES PVT LTD . MA 234/M/2012 2 4. AFTER GOING THROUGH THE AFFIDAVIT AND THE REASONS SUBM ITTED, WE FEEL THAT THE ASSESSEE SHOULD NOT SUFFER FOR NON PROSECU TION AND MUST BE GIVEN ANOTHER CHANCE. 5. WE, THEREFORE, ALLOW THE MA FILED AND RESTORE THE APPEAL, W HICH IS NOW FIXED FOR 18.12.2012. THE DATE FOR HEARING HAS BEEN ANNOUNCED IN THE OPEN COURT, BOTH THE PARTIES WERE ASKED TO TAKE N OTE OF THE SAME, AS NO FORMAL NOTICE FOR HEARING WOULD BE SENT. 6. IN THE RESULT MA FILED BY THE ASSESSEE IS ALLOWED. ORDER ANNOUNCED IN THE OPEN COURT ON THIS DAY OF 09/11/2012. SD/- (P.M JAGTAP) ACCOUTANT MEMBER SD/- (VIVEK VARMA) JUDICIAL MEMBER MUMBAI, DATE: 09/11/2012 COPY TO:- 1) THE APPELLANT. 2) THE RESPONDENT. 3) THE CIT (A)-IV, MUMBAI. 4) THE CIT IV, MUMBAI, 5) THE D.R. H BENCH, MUMBAI. 6) COPY TO GUARD FILE. BY ORDER / / TRUE COPY / / [ ASSTT. REGISTRAR I.T.A.T., MUMBAI *CHAVAN