VN PAREKH SECURIRITES P. LTD, V. ASST CIT CIR 40,

MA 290/MUM/2011

• Counselvise Citation: [2012] 123 COUNSELVISE.COM (IT) 8805 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 19 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 08-06-2012
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: F
• Assessment Year: 2005-2006
• Appeal Filed On: 20-05-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: DR P DANIEL
• Assessee Lawyers: JINAL SARVAIYA

Judgement Text

MA NO 290 OF 2011 VN PARIKH SECURITIES PVT LTD MUMB AI MULTI PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL 'F' BENCH, MUMBAI BEFORE SHRI D. MANMOHAN, VICE PRESIDENT AND SHRI B. RAMAKOTAIAH, ACCOUNTANT MEMBER AND M.A.NOS. 290 & 291/MUM/2011 (ARISING OUT OF ITA NOS.6082 & 6083/MUM/2009) (ASSESSMENT YEAR: 2005-06) V.N. PAREKH SECURITIES PVT LTD BHUPEN CHAMBERS, GR. FLOOR VS ACIT CENTRAL CIRCLE-40 MUMBAI 9 DALAL STREET, FORT MUMBAI-23 PAN AABCV 0547 M (APPELLANT) (RESPONDENT) ASSESSEE BY: SHRI RAJIV KHANDELWAL & MS. JINAL SARVAIYA DEPARTMENT BY: DR. P. DANIEL, DR DATE OF HEARING: 08/06/2012 DATE OF PRONOUNCEMENT: 08/06/2012 O R D E R PER B. RAMAKOTAIAH, A.M. BY THESE MISCELLANEOUS APPLICATIONS, ASSESSEE IS SE EKING RECALL OF THE ORDER OF THE TRIBUNAL DATED 2 ND JULY, 2010 ON THE GROUND ITS REPRESENTATIVE COULD NOT APPEAR BEFORE T HE TRIBUNAL AT THE TIME OF HEARING FIXED ON 30 TH JUNE, 2010 FOR THE REASON THAT THE LEARNED COUNSEL HAD TWO OTHER MATTERS IN D AND E BENCHES RESPECTIVELY. SINCE THIS AVERMENT MADE BY ASSESSEE IS DULY SUPPORTED BY AN AFFIDAVIT FILED BY THE LEARNED COUN SEL AFFIRMING THE RELEVANT FACTS, WE ARE SATISFIED WITH THE REASONS A DVANCED BY THE ASSESSEE COMPANY FOR ITS NON-APPEARANCE AT THE TIME OF HEARING FIXED. ACCORDINGLY KEEPING IN VIEW THE PROVISO TO R ULE 24 OF APPELLATE TRIBUNAL RULES, 1963, WE RECALL THE EX-PARTE ORDER DATED 30 TH JUNE, 2010 (SUPRA) PASSED BY THE TRIBUNAL AND REST ORE THE APPEAL OF ASSESSEE TO ITS ORIGINAL NUMBER. THE REGI STRY IS DIRECTED TO MA NO 290 OF 2011 VN PARIKH SECURITIES PVT LTD MUMB AI MULTI PAGE 2 OF 2 FIX THE SAID APPEAL FOR HEARING ON 17.7.2012 AS ANN OUNCED IN THE OPEN COURT AND TAKEN NOTE BY THE REPRESENTATIVES OF BOTH THE SIDES. 2. IN THE RESULT, MISCELLANEOUS APPLICATIONS FILED BY THE ASSESSEE APPEAL IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 8 TH JUNE, 2012. SD/- SD/- (D. MANMOHAN) (B. RAMAKOTAIAH) VICE PRESIDENT ACCOUNTANT MEMBER MUMBAI, DATED 8 TH JUNE, 2012. VNODAN/SPS COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CONCERNED CIT(A) 4. THE CONCERNED CIT 5. THE DR, F BENCH, ITAT, MUMBAI BY ORDER ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCHES, MUMBAI