DATACESS INTERGRAED TECHNOLOGY LTD, V. ASST CIT 8(1),

MA 289/MUM/2012

• Counselvise Citation: [2012] 123 COUNSELVISE.COM (IT) 9161 (ITAT-MUMBAI)
• Duration Of Justice: 4 month(s) 10 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 21-09-2012
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: D
• Assessment Year: 2006-2007
• Appeal Filed On: 11-05-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: PRAKASH K JOTWANI

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES, D, MUMBAI BEFORE S/SHRI DINESH KUMAR AGARWAL, JM AND D. KARUNAKARA RAO, AM M.A. NO. 289/MUM/2012 ARISING OUT OF ITA NO. 4497/MUM/2010 (ASSESSMENT YEAR 2006-07) DATAXCESS INTEGRATED TECHNOLOGY LTD., PLOT NO. 17F, TECHNOLOGY CENTRE, MIDC, ANDHERI (E), MUMBAI 400 093. PAN: AAACH1424L ASST. COMMR. OF INCOME-TAX 8(1), AAYAKAR BHAVAN, M.K. ROAD, MUMBAI 400 020. APPLICANT V/S RESPONDENT DATE OF HEARING : 21- 09-2012 DATE OF PRONOUNCEMENT : 21-09-201 2 APPLICANT BY : SHRI P RAKASH K. JOTWANI RESPONDENT BY : SHRI RAJARSH I DWIVEDY O R D E R PER DINESH KUMAR AGARWAL (JM) THIS MISC. APPLICATION FILED BY THE ASSESSEE FOR TH E A.Y. 2006-07 IS DIRECTED AGAINST THE ORDER PASSED BY THE TRIBUNAL I N ITA NO. 4497/MUM/2010 DTD. 16-1-2012. 2. THE APPLICANT IN THE MISC. APPLICATION DTD. NIL INTER ALIA STATED THAT THE COMPANY HAD NOT RECEIVED NOTICE OF HEARING, THEREFO RE, THE EX PARTE ORDER PASSED BY THE TRIBUNAL BE RECALLED. 3. AT THE TIME OF HEARING, THE LD. COUNSEL FOR THE ASSESSEE SUBMITS THAT FOR THE REASONS AS MENTIONED IN ASSESSEES MISC. APPLIC ATION SUPPORTED BY MA 289/MUM/2012 2 AFFIDAVIT OF MS. ARTI GROVER, DIRECTOR OF THE COMPA NY, THE EX-PARTE ORDER PASSED BY THE TRIBUNAL BE RECALLED, WHICH WAS NOT S ERIOUSLY OBJECTED TO BY THE LD. D.R. 4. WE HAVE CAREFULLY CONSIDERED THE SUBMISSIONS OF THE RIVAL PARTIES AND PERUSED THE MATERIAL AVAILABLE ON RECORD. AFTER HA VING SATISFIED ABOUT THE REASONS SUBMITTED BY THE ASSESSEE AND CONSIDERING T HE FACTS AND CIRCUMSTANCES OF THE CASE, WE ARE OF THE VIEW THAT THERE WAS SUFFICIENT CAUSE FOR NON-APPEARANCE OF THE ASSESSEE OR HIS AUTHORIZE D REPRESENTATIVE ON THE DATE OF HEARING AND ACCORDINGLY THE EX-PARTE ORDER DTD. 16-1-2012 PASSED BY THE TRIBUNAL IS RECALLED. PARTIES ARE TO APPEAR WI THOUT WAITING FOR ANY NOTICE ON 23-10-2012 . ACCORDINGLY THE MISC. APPLICATION FILED BY THE AS SESSEE IS ALLOWED. 5. IN THE RESULT, THE MISC. APPLICATION FILED BY TH E ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 21-9-2012. SD/- SD/- (D. KARUNAKARA RAO) (DINESH KUMAR AGARWAL) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI, DATED 21-9-2012. RK.: COPY TO: 1. APPELLANT 2. RESPONDENT 3. CIT , CONCERNED, MUMBAI 4. CIT(A) CONCERNED, MUMBAI 5. DR D BENCH 6. GUARD FILE. BY ORDER ASSTT.REGISTRAR, I ITAT, MUMBAI