ALANKAR ORNAMENTS AND JEWELERS, V. ITO 14(1)(4),

MA 277/MUM/2010

• Counselvise Citation: [2010] 119 COUNSELVISE.COM (IT) 3842 (ITAT-MUMBAI)
• Duration Of Justice: 1 month(s) 6 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 04-06-2010
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: H
• Assessment Year: 2000-2001
• Appeal Filed On: 28-04-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: P PEENJA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH H, MUMBAI BEFORE SHRI N.V. VASUDEVAN, J.M. AND SHRI A.L. GEHL OT, A.M. M.A. NO.277/M/10 (IN ITA NO. 965/M/2008 ASSESSMENT YEAR: 2000=01) ALANKAR ORNAMENTS & JEWELLERS, APPLICANT PIRAMAL BLDG., 9, BHULESHWAR ROAD, 2 ND FLOOR, ABOVE SURTHI HOTEL, MUMBAI 400 002 (PAN AAGFA 1223 G) VS. INCOME TAX OFFICER, RESPONDENT 14(1)(4), MUMBAI APPLICANT BY : NONE RESPONDENT BY : MR. P. PEENJA ORDER PER A.L. GEHLOT, A.M.: THIS MISCELLANEOUS APPLICATION FILED BY THE ASSESSE E ARISES OUT OF THE ORDER OF ITAT H BENCH, MUMBAI BENCHES, MUMBAI, IN APPEAL ITA NO. 965/MUM/2009 DATED 30 TH MARCH, 2010 IN WHICH THE APPEAL OF THE ASSESSEE WAS DISMISSED FOR ITS NO N-PROSECUTION BY THE ASSESSEE. THE ASSESSEE IN THE MA, BESIDES MENTI ONING THE REASONS FOR NOT ATTENDING THE HEARING OF HIS CASE, REQUESTED THAT NON ATTENDANCE ON THE DATE OF HEARING WAS OUT OF IN ADVERTENCE AND NOT AS THE ASSESSEE DISINTERESTED IN PROSECUTION OF APPEAL. 2. NONE APPEARED ON BEHALF OF THE APPLICANT. WE HAV E HEARD THE LEARNED DR IN THE MATTER. IN VIEW OF THE ABOVE THAT THE ASSESSEE IS INTERESTED IN PROSECUTING ITS APPEAL, THEREFORE, TH E ORDER OF THE ITAT (SUPRA) IS RECALLED. THE REGISTRY IS DIRECTED TO FIX THE APPEAL ON 15.07.2010 FOR HEARING AND ADJUDICATING THE APPEAL ON MERITS, WHICH IS ANNOUNCED IN THE OPEN COURT. M.A. NO. 214/M/10 YOGESH N. DOSHI 2 3. IN THE RESULT, THE MISCELLANEOUS APPEAL FILED BY THE ASSESSEE IS ALLOWED AS INDICATED ABOVE. PRONOUNCED ON THIS 4 TH DAY OF JUNE, 2010 SD/- SD/- (N.V. VASUDEVAN) (A.L. GEHLOT) JUDICIAL MEMBER ACCOUNTAN T MEMBER DATED: 4 TH JUNE, 2010 COPY TO:- 1) THE APPELLANT. 2) THE RESPONDENT. 3) THE CIT (A) CONCERNED. 4) THE CIT CONCERNED. 5) THE DEPARTMENTAL REPRESENTATIVE, G BENCH, I.T .A.T., MUMBAI. BY ORDER //TRUE COPY// ASST. REGISTRAR, I.T.A.T., MUMBAI. KV S.NO. DESCRIPTION DATE INTLS 1. DRAFT DICTATED ON 4.6.10 SR.P.S./P.S 2. DRAFT PLACED BEFORE AUTHOR 4.6.10 SR.P.S/PS 3 DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER JM/AM 4 DRAFT DISCUSSED/APPROVED BY SECOND MEMBER JM/AM 5 APPROVED DRAFT COMES TO THE SR.P.S./PS SR.P.S./P.S 6. KEPT FOR PRONOUNCEMENT ON SR. P.S./P.S. 7. FILE SENT TO THE BENCH CLERK SR.P.S./P.S 8 DATE ON WHICH FILE GOES TO THE HEAD CLERK 9 DATE OF DISPATCH OF ORDER