1008 PARSHWANTATH DIGAMBER JAIN MANDIR TRUST, V. DIT (E),

MA 284/MUM/2011

• Counselvise Citation: [2011] 123 COUNSELVISE.COM (IT) 7419 (ITAT-MUMBAI)
• Duration Of Justice: 6 month(s) 22 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 09-12-2011
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: I
• Assessment Year: 2009-2010
• Appeal Filed On: 18-05-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: A M SHAH

Judgement Text

SHRI ANIL CHANDULAL SHAH TRUSTEE OF SH 1008 PARSHWANATH DIGAMBER 1 IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI I BENCH MUMBAI BENCHES, MUMBAI BEFORE SHRI R S SYAL , AM & SHRI VIJAY PAL RAO, JM MISCELLANEOUS APPLICATION NO.284/MUM/2011 ARISING FROM ITA NO. 5544/MUM/2009 SHRI ANIL CHANDULAL SHAH TRUSTEE OF SH 1008 PARSHWANATH DIGAMBER JAIN MANDIR TRUST C/O MANGALDAS D SHAH E/215/216 NEMINATH APT KAMBLIWADI, NEHRU ROAD VILE PARLE (EAST) MUMBAI 57 VS THE DIRECTOR OF INCOME TAX (EXEMPTION) MUMBAI (APPELLANT) (RESPONDENT) PAN NO. AAHTS7458K ASSESSEE BY SH A M SHAH REVENUE BY SH O A MAOW DT.OF HEARING 9 TH DEC 2011 DT OF PRONOUNCEMENT 9 TH DEC 2011 PER VIJAY PAL RAO, JM THE ASSESSEE HAS FILED THIS MISCELLANEOUS APPLICATI ON WITH PRAYER TO RECALL THE ORDER OF THE TRIBUNAL IN ITA NO.5544/MUM/2009 DATED 27 TH AUG 2010 DISMISSING THE APPEAL OF THE ASSESSEE FOR NON PROSECUTION. 2 WE HAVE HEARD THE PARTIES AND CONSIDERED THE RE ASONS GIVEN IN THE APPLICATION AND ARE SATISFIED THAT THERE WAS REASON ABLE CAUSE FOR NON ATTENDANCE OF THE ASSESSEE OR HIS COUNSEL/A.R ON THE DATE OF H EARING. WE, THEREFORE, RECALL OUR ORDER IN ITA NO5544/MUM/2009 DATED 27 TH AUG 2010. 4 THE APPEAL IS FIXED FOR HEARING ON MERIT ON 30 TH JAN 2012. SINCE THE DATE OF HEARING WAS PRONOUNCED IN THE OPEN COURT IN THE PRE SENCE OF BOTH THE PARTIES, SHRI ANIL CHANDULAL SHAH TRUSTEE OF SH 1008 PARSHWANATH DIGAMBER 2 THEREFORE, NO SEPARATE NOTICES WILL BE ISSUED TO TH E PARTIES. THE REGISTRY IS DIRECTED TO FIX THE APPEAL ACCORDINGLY FOR HEARING. 5 IN THE RESULT, THE MISCELLANEOUS APPLICATION FILE D BY THE ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT AT THE TIME OF HEARING I.E 9 TH DEC 2011. SD/ SD/ ( R S SYAL ) ACCOUNTANT MEMBER ( VIJAY PAL RAO ) JUDICIAL MEMBER PLACE: MUMBAI : DATED: 9TH DEC 2011 RAJ* COPY FORWARDED TO: 1 APPELLANT 2 RESPONDENT 3 CIT 4 CIT(A) 5 DR /TRUE COPY/ BY ORDER DY /AR, ITAT, MUMBAI