HEMANG HASMUKHRAY DOSHI (PROP. OF MINOLTA CHEM), MUMBAI V. INCOME TAX OFFICER - 27(1)(3), MUMBAI

MA 270/MUM/2019

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 2024 (ITAT-MUMBAI)
• Duration Of Justice: 1 month(s) 25 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 07-06-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2009-2010
• Appeal Filed On: 12-04-2019
• 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) SHRI PAWAN SINGH (JM) M.A. NO. 270/MUM/2019 ARISING OUT OF I.T.A. NO. 1117 /MUM/ 2018 (ASSESSMENT YEAR 20 09 - 10 ) MR. HEMANG HASMUKHRAY DOSHI (PROP. OF MINOLTA CHEM) 211/2 12, BHAVESHWAR ARCADE ANNEX (NEELKANTH) BEHIND SARSWAT CO - OP. BANK, LBS MARG GHATKOPAR (WEST) MUMBAI - 400 086. PAN : AABPD2752R V S . ITO 27(1)(3) VASHI INCOME TAX OFFICE, TOWER NO. 06 4 TH FLOOR VASHI NAVI MUMBAI - 400701. ( APPELLANT ) ( RESPONDENT ) ASSESS EE BY SHRI DEVENDRA JAIN 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 THIS MISCELLANEOUS APPLICATION ASSESSEE SEEKS RECALL OF THE EX - PARTE ORDER OF THIS TRIBUNAL IN ITA NO. 1117/MUM/2018 FOR A.Y. 2009 - 10 VIDE ORDER DATED 4.10.2018. 2. UPON HEARING BOTH THE COUNSEL AND PERUSING RECORDS, WE ARE OF THE OPINION THAT THE ASSESSEE COULD NOT REPRESENT ON THE DATE OF HEARING DUE TO REASONABLE CAUSE. ACCO RDINGLY, THIS EX - PARTE ORDER OF THE TRIBUNAL IS RECALLED. THE REGISTRY IS DIRECTED TO FIX THE CASE FOR HEARING ON 10.7.2019. BOTH THE PARTIES HAVE TAKEN NOTE OF THIS. MR. HEMANG HASMUKHRAY DOSHI 2 3. IN THE RESULT, MISCELLANEOUS APPLICATION STANDS ALLOWED AS ABOVE. ORDER HAS BE E N PRONOUNCED IN THE COURT ON 7 . 6 . 201 9 . SD/ - SD/ - (PAWAN SINGH ) (SH A MIM YAHYA ) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI ; DATED : 7 / 6 / 20 1 9 COPY OF THE ORDER FORWARDED 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