SHRI CHANDAN DHINGADMAL JAIN, MUMBAI V. INCOME TAX OFFICER WARD-19(1)(3), MUMBAI

MA 258/MUM/2019

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 2028 (ITAT-MUMBAI)
• Duration Of Justice: 1 month(s) 28 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 07-06-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2011-2012
• Appeal Filed On: 09-04-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: D G
• Keywords: Reasonable cause

Judgement Text

T HE INCOME TAX APPELLATE TRIBUNAL SMC BENCH, MUMBAI BEFORE SHRI SHAMIM YAHYA ( A M) M.A. NO. 258/MUM/2019 ARISING OUT OF I.T.A. NO. 1307 /MUM/ 201 8 (ASSESSMENT YEAR 20 11 - 12 ) M.A. NO. 259/MUM/2019 ARISING OUT OF I.T.A. NO. 1308/MUM/2018 (ASSESSMENT YE AR 2010 - 11) SHRI CHANDAN DHINGADMAL JAIN MEHTA LODHA & CO., CAS 105, SAKAR - I, ASHRAM ROAD AHMEDABAD - 380 009. PAN : ACRPJ2592B V S . ITO - 19(1)(3) MATRU MANDIR TARDEO MUMBAI. ( APPELLANT ) ( RESPONDENT ) ASSESSEE BY SHRI PRAKASH D. SHAH DEPARTMENT BY SHRI D.G. PANSARI DATE OF HEARING 7.6 . 201 9 DATE OF PRONOUNCEMENT 7 . 6 . 201 9 O R D E R PER SHAMIM YAHYA (AM) : BY WAY OF THESE MISCELLANEOUS APPLICATIONS ASSESSEE SEEKS RECALL OF THE EX - PARTE ORDER OF THIS TRIBUNAL IN ITA NO. 1307 & 1308/MUM /2018 FOR A.Y. 2010 - 11 & 2011 - 12 PASSED BY A COMMON ORDER DATED 17.10.2018. 2. UPON CAREFUL HEARING OF BOTH THE COUNSEL AND PERUSING RECORDS, I FIND THAT THE ASSESSEE WAS PREVENTED BY A REASONABLE CAUSE FOR NON - APPEARANCE ON THE DATE OF HEARING. ACCORDING LY, IN THE INTEREST OF JUSTICE, THESE ORDERS ARE RECALLED AND THE REGISTRY IS DIRECTED TO FIX THESE CASES FOR HEARING ON 10.7.2019. BOTH THE PARTIES HAVE TAKEN NOTE OF DATE OF HEARING. 2 3. IN THE RESULT, BOTH MISCELLANEOUS APPLICATIONS STAND ALLOWED . ORDER HAS BE EN PRONOUNCED IN THE COURT ON 7 . 6 . 201 9 . SD/ - (SH A MIM YAHYA ) ACCOUNTANT MEMBER MUMBAI ; DATED : 7 / 6 / 20 1 9 COPY OF THE ORDER FOR WARDED TO : 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT(A) 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE. BY ORDER, //TRUE COPY// ( ASSISTANT REGISTRAR ) PS ITAT, MUMBAI