NUEVO CONSULTANCY SERVICES LTD ( FORMERLY KNOWN AS FORBES INFOTAINMENT LTD), MUMBAI V. DCIT 3(1), MUMBAI

MA 237/MUM/2018

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 6555 (ITAT-MUMBAI)
• Duration Of Justice: 9 month(s) 21 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 18-01-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2006-2007
• Appeal Filed On: 28-03-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S ABI RAMA KARTIKEYAN
• Assessee Lawyers: ADITYA AIGAONKAR
• Keywords: Reasonable cause

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, MUMBAI BEFORE SHRI SHAMIM YAHYA, AM AND SHRI PAWAN SINGH, JM M A NO. 237 /MUM/ 2018 (ARISING OUT OF ITA NO. 4238/MUM/2012) (ASSESSMENT YEAR: 2006 - 07 ) M/S. NUEVO CONSULTANCY SERVICES PVT. LTD. 41/44, SHAPOORJI PALLONJI CENTRE, MINOO DESAI MARG, COLABA, MUMBAI - 400 005 VS. DCIT - 3(1) MUMBAI PAN/GIR NO. AABCD 7314 A ( APPELLANT ) : ( RESPONDENT ) APPELLANT BY : SHRI ADITYA AIGAONKAR RESPONDENT BY : SHRI S. ABI RAMA KARTIKEYAN DATE OF HEARING : 28.12.2018 DATE OF PRONOUNCEMENT : 18.01 .2019 O R D E R PER SHAMIM YAHYA, A. M.: BY WAY OF THIS MISCELLANEOUS APPLICATION, THE ASSESSEE SEEKS RECALL OF THE EX PARTE ORDER OF THIS TRIBUNAL IN ITA NO.4238/MUM/2012 VIDE ORDER DATED 21.06.2017. 2. WE HAVE HEARD BOTH THE COUNSEL AND PERUSED THE RECORDS. ON CAREFUL CONSIDERATION AND CONSIDERING THE REASONABLE CAUSE ATTRIBUTED FOR NON APPEARANCE OF THE LD. COUNSEL OF THE ASSESSEE, WE ARE OF THE CONSIDERED OPINION THAT THE ABOVE EX PARTE ORDER OF THIS T RIBUNAL DESERVES TO BE RECALLED. 3. ACCORDINGLY, THE ABOVE SAID ORDER OF THE TRIBUNAL IS DULY RECALLED. THE REGISTRY IS DIRECTED TO FIX THE APPEAL FOR HEARING IN THE NORMAL COURSE. 2 MA NO.237/MUM/2018 4. IN THE RESULT, THE MISCELLANEOUS APPLICATION STANDS ALLOWED. ORDER P RONOUNCED IN THE OPEN COURT ON 1 8 . 0 1 . 2 0 1 9 S D / - S D / - ( PAWAN SINGH ) (SHAMIM YAHYA) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI ; DATED : 1 8 . 0 1 . 2 0 1 9 ROSHANI , SR. PS COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT(A) 4. CIT - CONCERNED 5. DR, ITAT, MUMBAI 6. GUARD FILE BY ORDER, (DY./ASSTT. REGISTRAR) ITAT, MUMBAI