ACME METAL INDISTRIES P.LTD, V. DCIT 9(1),

MA 261/MUM/2012

• Counselvise Citation: [2012] 123 COUNSELVISE.COM (IT) 9058 (ITAT-MUMBAI)
• Duration Of Justice: 4 month(s) 4 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 31-08-2012
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2007-2008
• Appeal Filed On: 26-04-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: SATENDRA PANDEY

Judgement Text

MA RECALL (NO.261 OF 2012) ACME METAL INDUSTRIES LT D MUMBAI A BENCH PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL 'A' BENCH, MUMBAI BEFORE SHRI D. MANMOHAN, VICE PRESIDENT AND SHRI B. RAMAKOTAIAH, ACCOUNTANT MEMBER MA NO.261/MUM/2012 (ARISING OUT OF ITA NO. 3113/MUM/2011) (ASSESSMENT YEAR: 2007-08) ACME METAL INDUSTRIES PVT LTD, NEAR PARAS COMPOUND, SV ROAD, GOREGAON (WEST) MUMBAI 400054 PAN: AAACA 3525 D VS. DY. COMMISSIONER OF INCOME TAX 9(1)ROOM NO.223, 2 ND FLOOR, AAYAKAR BHAVAN, M.K. ROAD, MUMBAI 400020 (APPELLANT) (RESPONDENT) ASSESSEE BY: SHRI K.GOPAL & SHRI SATENDRA PANDEY DEPARTMENT BY: SMT. NEERAJA PRADHAN, DR DATE OF HEARING: 31/8/2012 DATE OF PRONOUNCEMENT: 31/8/2012 O R D E R PER B. RAMAKOTAIAH, A.M. BY THIS MISCELLANEOUS APPLICATION, THE ASSESSEE IS SEEKING RECALL OF THE ORDER OF THE TRIBUNAL DATED 15/02/201 2 PASSED EX- PARTE IN ITA NO.3113/MUM/2011 ON THE GROUND THAT DUE TO OVERSIGHT ASSESSEE FAILED TO NOTICE THE DATE OF HEA RING GIVEN BY THEIR CHARTERED ACCOUNTANT IN THE ORIGINAL APPEAL FIXED F OR HEARING ON 15.02.2012 AND HAS CAUSED GRAVE INJUSTICE TO ASSESS EE COMPANY. SINCE THIS AVERMENT MADE BY THE ASSESSEE IS DULY SU PPORTED BY AN AFFIDAVIT, WE ARE SATISFIED WITH THE REASONS ADVANC ED BY THE ASSESSEE COMPANY FOR ITS NON-APPEARANCE AT THE TIME OF HEARI NG AS A SUFFICIENT CAUSE. ACCORDINGLY, KEEPING IN VIEW THE PROVISO TO RULE 24 OF APPELLATE TRIBUNAL RULES, 1963, WE RECALL THE EX-PARTE ORDER DATED 15.02.2012 (SUPRA) PASSED BY THE TRIBUNAL AND RESTORE THE APPEAL OF THE ASSESSEE TO ITS ORIGINAL NUMBER. THE REGISTRY IS MA RECALL (NO.261 OF 2012) ACME METAL INDUSTRIES LT D MUMBAI A BENCH PAGE 2 OF 2 DIRECTED TO FIX THE SAID APPEAL FOR HEARING ON 27.1 2.2012 AS ANNOUNCED IN THE OPEN COURT AND TAKEN NOTE BY THE R EPRESENTATIVES OF BOTH THE SIDES. 2. IN THE RESULT, MISCELLANEOUS APPLICATION FILED B Y THE ASSESSEE IS ALLOWED. THE DECISION PRONOUNCED IN THE OPEN COURT IMMEDIAT ELY ON CONCLUSION OF THE HEARING ON 31/08/2012. SD/- SD/- (D. MANMOHAN) (B. RAMAKOTAIAH) VICE PRESIDENT ACCOUNTANT MEMBER MUMBAI, DATED 31 ST AUGUST, 2012. VNODAN/SPS COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CONCERNED CIT(A) 4. THE CONCERNED CIT 5. THE DR, A BENCH, ITAT, MUMBAI BY ORDER ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCHES, MUMBAI