R.S. CASSIERS, V. ACIT 13(2),

MA 239/MUM/2012

• Counselvise Citation: [2012] 123 COUNSELVISE.COM (IT) 9096 (ITAT-MUMBAI)
• Duration Of Justice: 4 month(s) 28 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 14-09-2012
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: D
• Assessment Year: 2007-2008
• Appeal Filed On: 16-04-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH: MUMBAI BEFORE SHRI P.M. JAGTAP, ACCONTANT MEMBER AND SHRI VIVEK VARMA, JUDICIAL MEMBER MA NO.239/MUM/2012 ARISING OUT OF ITA NO.3274/MUM/2011 FOR A.Y. 2007-0 8 M/S. R.S. CARRIERS, 312, VARDHAMAN CHAMBERS, 3RD FLOOR, KALYAN SREET, DANA BUNDER, MUMBAI -400 009 ....... APPLICANT VS ASST. COMMISSIONER OF INCOME-TAX 13(2), AAYAKAR BHAVAN, MUMBAI ..... RESPONDENT PAN: AACFR 3058 D APPLICANT BY: SHRI AJIT SHETTY RESPONDENT BY: SHRI RAJESHRI TRIVEDI DATE OF HEARING: 14.09.2012 DATE OF PRONOUNCEMENT: 14.09.2012 O R D E R PER R.S. PADVEKAR, JM THE ASSESSEE HAS FILED THIS MISC. APPLICATION U/S.2 54(2) OF THE ACT WITH A PRAYER TO RECALL THE ORDER OF THE TRIBUN AL DISMISSING THE ASSESSEES APPEAL BEING ITA NO. 3274/MUM/2011 DATED 24.02.2012 FOR THE WANT OF PROSECUTION. 2. WE HAVE HEARD THE PARTIES AND PERUSED THE AFFIDA VITS FILED BY THE ASSESSEE. WE FIND THAT THERE WAS A REASONABLE CAUS E FOR NON- ATTENDANCE OF THE ASSESSEE. WE, ACCORDINGLY RECALL THE ORDER PASSED IN ITA NO. 3274/MUM/2011 DATED 24.02.2012 AND FIX THE APPEAL FOR HEARING ON 05.11.2012. THE DATE OF HEARING OF THE APPEAL IS PRONOUNCED IN THE OPEN COURT IN THE PRESENCE OF BOT H THE PARTIES AND HENCE, NO SEPARATE NOTICE WILL BE ISSUED. MA 239/M/2012 M/S. R.S. CARRIERS 2 3. IN THE RESULT, THE M.A. IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 14TH SEPTEMBE R, 2012. SD/- ( P.M. JAGTAP ) ACCOUNTANT MEMBER SD/- ( VIVEK VARMA ) JUDICIAL MEMBER MUMBAI, DATE: 14TH SEPTEMBER, 2012 COPY TO:- 1) THE APPELLANT. 2) THE RESPONDENT. 3) THE CIT (A)XIII, MUMBAI, 4) THE CIT- XIII, MUMBAI. 5) THE D.R. D BENCH, MUMBAI. BY ORDER / / TRUE COPY / / ASSTT. REGISTRAR I.T.A.T., MUMBAI *CHAVAN