JAYRAM SHETTY, V. ASST CIT CEN CIR 24 & 26,

MA 292/MUM/2012

• Counselvise Citation: [2012] 123 COUNSELVISE.COM (IT) 9151 (ITAT-MUMBAI)
• Duration Of Justice: 4 month(s) 14 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 28-09-2012
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: I
• Assessment Year: 2004-2005
• Appeal Filed On: 14-05-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: N K MEHTA
• Assessee Lawyers: ASHOK J PATIL

Judgement Text

, IN THE INCOME TAX APPELLA TE TRIBUNAL I BENCH, MUMBAI , . . , . . BEFORE SHRI VIJAYPAL RAO, JM & SHRI RAJENDRA, AM ./ M.A. NO.292/MUM/2012 . (ARISING OUT OF ITANO.63 42/M/2010) ( / ASSESSMENT YEAR: 2004-05 ) JAYARAM SHETTY, 215, CBR SHED, AMROLIWALA COMPOUND, N.M. JOSHI MARG, MUMBAI-400 013 VS. ACIT, CIR 24 & 26, MUMBAI ./ ./ PAN NO. AADPS 5939 D ( / APPLICANT ) : ( / RESPONDENT ) - / APPLICANT/ASSESSEE BY : MR. ASHOK J. PATIL - / RESPONDENT-REVENUE BY : MR. N.K.MEHTA / DATE OF HEARING : 28 TH SEPT. 2012 / DATE OF PRONOUNCEMENT : 28 TH SEPT., 2012 / O R D E R PER VIJAYPAL RAO, JM : BY THIS MISCELLANEOUS APPLICATI ON, THE ASSESSEE IS SEEKING RECALLING OF THE EX-PARTE ORDER DATED 6 TH MARCH, 2012 OF THIS TRIBUNAL, WHEREBY THE APPEAL IN ITA NO.6342/M/2010 FOR THE ASSESSMENT YEAR 2004-05 WAS DISMISSED FOR WANT OF PROSECUTION AS NONE APPEARED ON BEHALF OF THE ASSESSEE. 2 . WE HAVE HEARD LEARNED AR OF T HE ASSESSEE AS WELL AS LEARNED DR AND CONSIDERED THE RELEVANT MATERIAL ON RECORD. THE ASSESSEE HAS M.A.NO : 292/12 2 ALSO FILED AN AFFIDAVIT IN SUPPORT OF THIS MISCELLANEOUS APPLICATION EXPLAINING THE REASONS FOR NON-APPEARANCE BEFORE THIS TRIBUNAL ON 27- 2-2012 WHEN THIS APPEAL OF THE ASSE SSEE WAS CALLED FOR HEARING. 3 . WE ARE SATISFIED WITH THE REASONS EXPLAINED BY THE ASSESSEE THAT THE ASSESSEE WAS HAVING A SUFFICIENT CAUSE FOR NON-APPEARANCE BEFORE THIS TRIBUNAL WHEN THE APPEAL OF THE ASSESSEE WAS CALLED FOR HEARING. ACCORDINGLY, IN THE FACTS AND CIRCUMSTANCES OF THE CASE AND IN THE INTEREST OF JUSTICE, WE RECALL THE ORDER DATED 6 TH MARCH, 2012 AND RESTORE THE APPEAL OF THE ASSESS EE I.E. ITA NO.6342/M/2010 AT ITS ORIGINAL STAGE AND NUMBER. THE APPEAL OF THE ASSESSEE IS DIRECTED TO BE FIXED FOR HEARING ON 30 TH OCTOBER, 2012 . SINCE, THE NEXT DATE OF HEARING OF THE APPEAL IS PRONOUNCED IN THE OPEN COURT AND HAS BEEN NOTED BY THE PARTIES, THEREFORE, NO FRESH NOTICE OF HEARING WILL BE ISSUED TO THE PARTIES. 4 . IN THE RESULT THIS MISCELLANEOUS APPLICATION OF THE ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 28 TH SEPT., 2012 . 28 TH SEPT. 2012 SD/- SD/- ( ) ( ) ( RAJENDRA) ( VIJAY PAL RAO) /ACCOUNTANT MEMBER /JUDICIAL MEMBER MUMBAI; DATED 28 TH / SEPT. /2012 . . / PKM . . . /PS M.A.NO : 292/12 3 / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. ( ) / THE CIT(A)- 4. / CIT 5. , , / DR, ITAT, MUMBAI 6. / GUARD FILE. //TRUE COPY// / BY ORDER, / (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI