M.L. DAMANI SECURITIES WORKS, V. ASST CIR CIR 4(3),

MA 29/MUM/2014

• Counselvise Citation: [2014] 124 COUNSELVISE.COM (IT) 1883 (ITAT-MUMBAI)
• Duration Of Justice: 3 month(s) 17 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 09-05-2014
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: D
• Assessment Year: 2001-2002
• Appeal Filed On: 23-01-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: PITAMBER DAS
• Keywords: Reasonable cause
• Section: 12

Judgement Text

INCOME TAX APPELLATE TRIBUNAL,MUMBAI - D BENCH. . . , , BEFORE S/SH. I.P.BANSAL, JUDICIAL MEM BER & SHRI RAJENDRA,ACCOUNTANT MEMBER MA NO.29/MUM/2014-ARISING OUT OF ITA NO. 1208 /MUM/2011-ASSESSMENT YEAR 2001-02 DAMANI SECURITIES PVT. LTD. MOTI MAHAL, 7 TH FLOOR, SANKAR JAI KISHAN CHOWK, 195, J.TATA ROAD, CHURCHGATE,MUMBAI-400020 PAN: AAACK1802H VS. ACIT CIR 4(3) AAYAKAR BHAVAN, MUMBAI. ( / APPELLANT ) ( / RESPONDENT ) APPELLANT BY : SHRI HERO RAI RESPONDENT BY : SHRI PITAMBER DAS ! ' #$ / DATE OF HEARING : 09-05-2014 %&'( ' #$ / DATE OF PRONOUNCEMENT : 09-05-2014 ) / O R D E R PER RAJENDRA, A.M. ASSESSEE-COMPANY, ENGAGED IN THE BUSINESS OF SHARE BROKING FILED ITS RETURN OF INCOME ON 25.10.2001 DECLARING TOTAL INCOME OF RS. 85 LAKHS.A SSESSING OFFICER (AO) FINALISED THE ASSESSMENT, ON 21.11.2003, DETERMINING THE INCOME O F THE ASSESSEE AT RS.72.70 LAKHS. 2 . ASSESSEE PREFERRED AN APPEAL BEFORE THE FIRST APP ELLATE AUTHORITY (FAA), WHO ALLOWED THE APPEAL OF THE ASSESSEE IN PART. ASSESSEE AGITATED T HE MATTER BEFORE THE TRIBUNAL IN THE MATTER WAS FIXED ON 09.10.2013. DURING THE COURSE OF HEARING, NOBODY APPEARED NOR WAS ANY APPLICATION FOR ADJOURNING THE CASE WAS FILED BY THE ASSESSEE. AS A RESULT TRIBUNAL DISMISSED THE APPEAL VIDE ITS ORDER DATED 09.10.2013. 3 . ASSESSEE-COMPANY HAS FILED AN APPLICATION FOR RES TORATION OF THE APPEAL. IT HAS BEEN SUBMITTED BY THE ASSESSEE THAT IT WAS VITALLY INTERESTED IN P ROSECUTING THE APPEAL, THAT THE DEFAULT OF NON- APPEARANCE OCCUR DUE TO UNINTENTIONAL LAPSE, THAT T HERE WAS A COMMUNICATION GAP BETWEEN THE OFFICE OF THE ASSESSEE AND THE OFFICE OF THE CHARTE RED ACCOUNTANT(C.A), THAT C.A WAS NOT INFORMED ABOUT THE DATE OF HEARING, THAT BECAUSE OF NON-COMM UNICATION NOBODY APPEARED BEFORE THE TRIBUNAL ON 09TH OCTOBER 2013. AN AFFIDAVIT OF RAME SH M.DAMANI, DIRECTOR OF THE COMPANY, DATED 2 ND MAY 2014 HAS BEEN FILED ALONG WITH THE APPLICATION . IN HIS AFFIDAVIT RAMESH DAMANI HAS REITERATED THE AVERMENTS MADE IN THE APPLICATION. 4 . BEFORE US, AUTHORISED REPRESENTATIVE (AR) ARGUED THAT BECAUSE OF COMMUNICATION GAP UNINTENTIONAL LAPSED HAPPENED, THAT ASSESSEE WAS VE RY MUCH INTERESTED IN ARGUING THE CASE ON MERITS. DEPARTMENTAL REPRESENTATIVE (DR) LEFT THE M ATTER TO THE DISCRETION OF THE BENCH. 5. WE HAVE HEARD THE SUBMISSIONS OF THE ASSESSEE AND PERUSED THE MATERIAL AVAILABLE ON RECORD. AFTER CONSIDERING THE AFFIDAVIT OF THE MANAGING DIR ECTOR AND THE APPLICATION OF THE ASSESSEE, WE ARE OF THE OPINION THAT NON-ATTENDANCE ON 09.10.201 3 BY THE ASSESSEE WAS UNINTENTIONAL, THAT MA NO. 29/MUM/2014(ARISING OUT OF ITA NO. 1208/MUM /2011) DAMANI SECURITIES PVT. LTD. 2 BECAUSE OF THE COMMUNICATION GAP ASSESSEE WAS NOT R EPRESENTED ON THAT DAY. IN OUR OPINION, IT WAS A REASONABLE CAUSE FOR NOT ATTENDING THE HEARIN G ON 09.10.2013. THEREFORE, IN THE INTEREST OF JUSTICE, WE ARE RECALLING OUR ORDER. REGISTRY IS DI RECTED TO FIX THE HEARING ON 12.08.2014, SO THAT MATTER CAN BE HEARD BY REGULAR BENCH. AS BOTH THE P ARTIES HAVE BEEN INFORMED ABOUT THE NEXT DATE OF HEARING, SO NO SEPARATE NOTICE OF HEARING WILL B E ISSUED. AS A RESULT,RECALLING OUR EARLIER ORDER WE ALLOW TH E MISCELLANEOUS APPLICATION FILED BY THE ASSESSEE-COMPANY. *(+#, *(+#, *(+#, *(+#, -*# -*# -*# -*# DAIUH DAIUH DAIUH DAIUH . . . . / / / / FD;K X;K FD;K X;K FD;K X;K FD;K X;K FOFO/K FOFO/K FOFO/K FOFO/K VKOSNU VKOSNU VKOSNU VKOSNU 0# 0# 0# 0# F FF F ;K ;K ;K ;K # # # # K KK K 12 1212 12 S SS S . ORDER PRONOUNCED IN THE O PEN COURT ON 9 TH MAY, 2014. ) ' %&'( +3 4 9 EBZ EBZEBZ EBZ ,201 4 & ' 5! 6 SD/- SD/- ( . . / I.P.BANSAL) ( / RAJENDRA) / JUDICIAL MEMBER / ACCOUNTANT MEMBER +! / MUMBAI, 4 /DATE: 09.05.2014 SK ) ) ) ) ' '' ' # 7 # 7 # 7 # 7 87'# 87'# 87'# 87'# / COPY OF THE ORDER FORWARDED TO : 1. ASSESSEE / 2. RESPONDENT / 3. THE CONCERNED CIT(A)/ 9 : , 4. THE CONCERNED CIT / 9 : 5. DR D BENCH, ITAT, MUMBAI / 7;5 # - MH MHMH MH <= , . . . +! 6. GUARD FILE/ 5< >! 7# # //TRUE COPY// ) / BY ORDER, ? / 1 DY./ASST. REGISTRAR -( , +! /ITAT, MUMBAI