SEEMA N. KOTHARI, V. ITO WD 25(2)(3),

MA 244/MUM/2010

• Counselvise Citation: [2010] 119 COUNSELVISE.COM (IT) 3835 (ITAT-MUMBAI)
• Duration Of Justice: 2 month(s) 1 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 11-06-2010
• Appeal Filed By: Assessee
• Bench Allotted: E
• Assessment Year: 2005-2006
• Appeal Filed On: 09-04-2010
• Court: TRIBUNAL
• Department Lawyers: P PEERYA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH E BEFORE S/SHRI N.V. VASUDEVAN (JM) & T.R. SOOD (AM) M.A. NO. 244/MUM/2010 ARISING OUT OF I.T.A.NO. 1271/MUM/2009 (ASSESSMENT YEAR : 2005-0 6) SEEMA N. KOTHARI 28, GYAN NAGAR OPP. DIAMOND TALKIES BORIVALI (WEST) MUMBAI-400 092. VS. ITO WARD 25(2)(3) MUMBAI. APPELLANT RESPONDENT PAN/GIR NO. : ALOPK6991L ASSESSEE BY : SHRI VIJAY MEHTA DEPARTMENT BY : SHRI P. PEERYA ORDER PER N.V. VASUDEVAN, JM :- THE ASSESSEE HAS FILED MISCELLANEOUS APPLICATION P RAYING THAT THE ORDER OF DISMISSAL OF THE AFORESAID APPEAL FOR NON- PROSECUTION DATED 22.3.2010 SHOULD BE RECALLED AND THE APPEAL HEARD A FRESH ON MERITS. 2. THE ABOVE APPEAL WAS DISMISSED FOR NON-PROSECUTI ON FOR THE REASON THAT ON 22.3.2010, WHEN THE APPEAL WAS CALLE D FOR HEARING, DESPITE SERVICE OF NOTICE, NONE APPEARED ON BEHALF OF THE ASSESSEE. IN THE MISCELLANEOUS APPLICATION, IT HAS BEEN STATED THAT THE CHARTERED ACCOUNTANT OF THE ASSESSEE COULD NOT REACH THE TRIB UNAL IN TIME BECAUSE OF TRAFFIC JAM. THE ASSESSEE HAS FILED AN AFFIDAVIT AFFIRMING THE ABOVE FACT. CONSIDERING THE REASON STATED IN MISCELLANEOUS APPL ICATION, WE RECALL THE ORDER DATED 22.3.2010 AND DIRECT THAT THE APPEAL BE FIXED FOR HEARING ON 13.7.2010. SINCE, DATE OF HEARING WAS ANNOUNCED IN THE OPEN COURT, NO SEPARATE NOTICE OF HEARING WOULD BE ISSUED TO THE A SSESSEE. SEEMA N. KOTHARI 2 3. IN THE RESULT, MISCELLANEOUS APPLICATION IS ALLO WED. ORDER PRONOUNCED IN THE OPEN COURT ON 11 TH JUNE, 2010. SD/- (T.R. SOOD) ACCOUNTANT MEMBER SD/- (N.V. VASUDEVAN) JUDICIAL MEMBER DATED : 11 TH JUNE, 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