KABRA ESTAE AND INVESTMENT CONSULTANTS, V. ITO 12(3)(4),

MA 286/MUM/2011

• Counselvise Citation: [2011] 123 COUNSELVISE.COM (IT) 6680 (ITAT-MUMBAI)
• Duration Of Justice: 2 month(s) 3 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 22-07-2011
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 1997-1998
• Appeal Filed On: 19-05-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: JITENDRA YADAV SR
• Assessee Lawyers: GO VIND AGGARWAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES A, MUMBAI BEFORE SHRI. P.M. JAGTAP (A.M.) AND SHRI. V. DURGA RAO (J.M.) M.A. NO.286/MUM/2011 (ARISING IN ITA NO. 2688/MUM/2009) ASSESSMENT YEAR: 1997-1998 M/S KABRA ESTATE AND INVESTMENT CONSTULTANTS, 2 ND FLOOR, MUSTAFA BUILDING, SIR P.M. ROAD, FORT, MUMBAI-400 001. PAN: AAAFK0261D VS. THE INCOME TAX OFFICER, 12(3)(4), R.NO.138, 1 ST FLOOR, AYAKAR BHAVAN, MUMBAI. (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI GOVIND AGGARWAL RESPONDENT BY : SHRI. JITENDRA YADAV, SR. A.R., O R D E R PER V. DURGA RAO, J.M. 1. THIS MISCELLANEOUS APPLICATION FLED BY THE ASSES SEE ARISES OUT OF THE ORDER OF ITAT A BENCH, MUMBAI BENCHES, MUMBAI, IN ITA NO. 2688/MUM/2009 (A.Y. 1997-98), DATED 24 TH MARCH, 2010, WHICH WAS PASSED EX-PARTE BY THE ITAT. THE ASSESSEE IN THE M A, BESIDES MENTIONING THE REASONS FOR NOT ATTENDING THE HEARING OF ITS CA SE, REQUESTED THAT NON ATTENDANCE ON THE DATE OF HEARING WAS OUT OF INADVE RTENCE AND NOT AS THE ASSESSEE DISINTERESTED IN PROSECUTION OF APPEAL. 2. WE HAVE HEARD THE LEARNED COUNSEL OF THE ASSESSE E AND THE LEARNED DR IN THE MATTER. IN VIEW OF THE ABOVE AND THE FAC T THAT THE ASSESSEE IS INTERESTED IN PROSECUTING ITS APPEAL, THE ORDER OF THE ITAT ( SUPRA) IS M.A. NO. 286/MUM/2011 A.Y.: 1997-98 KABRA ESTATE AND INVESTMENT .. 2 RECALLED. THE REGISTRY IS DIRECTED TO FIX THE APPE AL ON 12/09/2011 FOR HEARING AND ADJUDICATING THE APPEAL ON MERITS, WHIC H IS ANNOUNCED IN THE OPEN COURT. 3. IN THE RESULT, THE MISCELLANEOUS APPEAL FILED B Y THE ASSESSEE IS ALLOWED AS INDICATED ABOVE. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 22 ND DAY OF JULY, 2011. SD/- (P.M. JAGTAP) ACCOUNTANT MEMBER SD/- (V. DURGA RAO) JUDICIAL MEMBER MUMBAI, DATED 22 ND JULY, 2011. OKK* COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. COMMISSIONER OF INCOME TAX (APPEALS)- CONCERNED 4. COMMISSIONER OF INCOME TAX, CONCERNED. 5. DEPARTMENTAL REPRESENTATIVE, BENCH A, MUMBAI TRUE COPY BY ORDER ASSTT. REGISTRAR, ITAT, MUMBAI