CLASSIC SHARES & STOCK BROKING SERVICES LTD, V. DCIT CEN CIR 40,

MA 245/MUM/2012

• Counselvise Citation: [2012] 123 COUNSELVISE.COM (IT) 9069 (ITAT-MUMBAI)
• Duration Of Justice: 4 month(s) 17 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 07-09-2012
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Assessment Year: 1998-1999
• Appeal Filed On: 20-04-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: DR P DANIEL
• Keywords: Reasonable cause

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES C , MUMBAI B EFORE SHRI B. R. MITTAL, J.M. AND SHIRI RAJENDRA SINGH, A.M. M. A . NO. : 2 45 /MUM/201 2 (ARISING OUT OF ITA NO. 4 820 /MUM/20 0 7 ) ASS ESSMEN T YEAR : 1998 - 99 M/S. CLASSIC SHARES & STOCK BROKIN G SERVICES LTD. RADHA BHAVAN, 1 ST FLOOR, 121, NAGINDAS MASTER ROAD, MUMBAI - 400 023 PAN NO: AAQPS 1316 P VS. DCIT, CENTRAL CIRCLE 40 AAYAKAR BHAVAN, M.K. MARG, MUMBAI - 400 020 (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI RAJIV KHANDELWAL RESPONDENT BY : DR. P. DANIEL DATE OF HEARING : 07.09 .2012 DATE OF PRONOUNCEMENT : 07.09.2012 ORDER PER RAJENDRA SINGH (AM) : THIS MISCELLANEOUS APPLICATION HAS BEEN FILED BY THE ASSESSEE REQUESTING FOR RECALL OF THE ORDER DATED 01.03.2012 OF THE TRIBUNAL IN ITA NO. 4820 /MUM/20 0 7 . 2. IN THE SAID ORDER , THE TRIBUNAL HAD DISMISSED THE APPEAL OF THE ASSESSEE AS UNADMITTED FOR WANT OF ANY REPRESENTATIVE FROM THE SIDE OF THE ASSESSEE. THE ASSESSEE IN THE MISCELLANEOUS APPLICATION HAS SUBMITTED THAT SHRI RAJIV K HANDELWAL, THE AUTHORISED REPRESENTATIVE OF M.A. NO : 245 / MUM/201 2 M/S. CLASSIC SHARES & STOCK BROKING SERVICES LTD. . 2 THE ASSESSEE WAS APPEARING IN I BENCH IN THE CASE OF SATISH K. PATEL WHEN THE MATTER WAS BEING CALLED FOR HEARING IN THE CASE OF THE ASSESSEE. IT WAS UNDER THESE CIRCUMSTANCES THAT THE REPRESENTATIVE OF THE AS SESSEE COULD NOT APPEAR BEFORE THE TRIBUNAL AND AN AFFIDAVIT TO THAT EFFECT FROM SHRI RAJIV KHANDELWAL HAS BEEN FILED AND IT HAS BEEN REQUESTED THAT THE ORDER MAY BE RECALL FOR FRESH ADJUDICATION AFTER HEARING THE ASSESSEE. 3. WE HAVE HEARD BOTH THE PARTI ES PERUSED THE RECORDS AND CONSIDERED THE MATTER CAREFULLY. WE ARE SATISFIED THAT THERE WAS A REASONABLE CAUSE FOR NON APPEARANCE BY THE ASSESSEE BEFORE THE TRIBUNAL . WE, THEREFORE, IN THE INTEREST OF JUSTICE, RECALL THE ORDER DATED 01.03.2012 OF THE TRI BUNAL IN ITA NO.4820/MUM/2007 AND RESTORE THE APPEAL TO ITS ORIGINAL NUMBER WHICH WILL BE HEARD ON 29.10 .2012. THE DATE OF HEARING WAS PRONOUNCED IN THE OPEN COURT IN THE PRESENCE OF BOTH THE PARTIES AND, THEREFORE, NO FORMAL NOTICE OF HEARING IS REQUIRED TO BE ISSUED BY THE REGISTRY. 4. IN THE RESULT, THE MISCELLANEOUS APPLICATION OF THE ASSESSEE STANDS ALLOWED. 5. THE ORDER WAS PRONOUNCED IN THE OPEN COURT ON TODAY I.E. 7 TH SEPTEMBER , 2012. SD/ - SD/ - ( B. R. MITTAL ) ( RAJENDRA SINGH ) JUDICIAL MEMBE R ACCOUNTANT MEMBER MUMBAI, DT: 07.09. 2012 M.A. NO : 245 / MUM/201 2 M/S. CLASSIC SHARES & STOCK BROKING SERVICES LTD. . 3 COPY FORWARDED TO : 1. THE APPELLANT, 2. THE RESPONDENT, 3. THE C.I.T. 4. CIT (A) 5. THE DR, SMC - BENCH, ITAT, MUMBAI //TRUE COPY// BY ORDER ASSISTANT REGISTRAR ITAT, MUMBAI BENCHES, MUMBAI RO SHA NI