JAIRAMDAS KHUSHIRAM, V. ACIT RG 13(2),

MA 246/MUM/2010

• Counselvise Citation: [2010] 119 COUNSELVISE.COM (IT) 3831 (ITAT-MUMBAI)
• Duration Of Justice: 1 month(s) 29 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 11-06-2010
• Appeal Filed By: Assessee
• Bench Allotted: J
• Assessment Year: 2003-2004
• Appeal Filed On: 12-04-2010
• Court: TRIBUNAL
• Department Lawyers: P PEERYA
• Assessee Lawyers: KAPIL K JAIN

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH J BEFORE S/SHRI R.S. SYAL (AM) & N.V. VASUDEVAN (JM) M.A. NO. 246/MUM/2010 ARISING OUT OF I.T.A.NO. 2306/MUM/2009 (ASSESSMENT YEAR : 2003-0 4) M/S. JAIRAMDAS KHUSHIRAM PLOT NO. 5, SECTOR NO. 19-C OPP. PUNJAB NATIONAL BANK NEXT TO SPEED H. TRANSPORT VASHI, NAVI MUMBAI PIN : 400 703. VS. ACIT RANGE 13(2) AAYAKAR BHAVAN M.K. ROAD MUMBAI-40 0020. APPELLANT RESPONDENT PAN/GIR NO. : AAAFJ1147R ASSESSEE BY : SHRI KAPIL K. JAIN 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 28.1.2010 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 28.1.2010, 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 REPRESENTING THE CASE OF THE ASSESSEE HA D WRONGLY NOTED THE DATE OF HEARING AS 28.2.2010 INSTEAD OF 28.1.2010. THIS HAS BEEN STATED AS A REASON FOR NONE APPEARANCE ON 28.1.2010, WHEN THE APPEAL WAS CALLED FOR HEARING. THE CHARTERED ACCOUNTANT HAS ALSO FILED AN AFFIDAVIT AFFIRMING THE ABOVE FACT. CONSIDERING THE REASON ST ATED IN MISCELLANEOUS APPLICATION, WE RECALL THE ORDER DATED 28.1.2010 AN D DIRECT THAT THE APPEAL BE FIXED FOR HEARING ON 8.7.2010. SINCE, DAT E OF HEARING WAS M/S. JAIRAMDAS KHUSHIRAM 2 ANNOUNCED IN THE OPEN COURT, NO SEPARATE NOTICE OF HEARING WOULD BE ISSUED TO THE ASSESSEE. 3. IN THE RESULT, MISCELLANEOUS APPLICATION IS ALLO WED. ORDER PRONOUNCED IN THE OPEN COURT ON 11 TH JUNE, 2010. SD/- (R.S. SYAL) 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