UPAJ INVESTMENT & FINANCE P. LTD, V. ITO 8(3)(4),

MA 294/MUM/2012

• Counselvise Citation: [2012] 123 COUNSELVISE.COM (IT) 9521 (ITAT-MUMBAI)
• Duration Of Justice: 5 month(s) 5 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 19-10-2012
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2007-2008
• Appeal Filed On: 14-05-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: V KRISHNAMOORTHY
• Assessee Lawyers: MANDAR TELANG

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL SMC BENCH, MUMBAI BEFORE SHRI D MANMOHAN, VICE PRESIDENT AND SHRI RAJENDRA SINGH , ACCOUNTANT MEMBER M ISCELLANEOUS APPLICATION NO: 294/MUM/2012 (ARISING OUT OF ITA NO: 4535/MUM/2011) (ASSESSMENT YEAR: 2007 - 08) M/S UPAJ INVESTMENTS & FINANCE PVT. LTD. , MUMBAI APPLICANT (PAN: AAACU1942M) VS INCOME TAX OFFICER 8(3)(4), MUMBAI RESPONDENT APPLICANT BY : SHRI MANDAR TELANG RESPONDENT BY: SHRI V KRISHNA MOORTHY DATE OF HEARING : 19.10.2012 DATE OF PRONOUNCEMENT: 19.10.2012 O R D E R D MANMOHAN, VICE PRESIDENT: BY THIS MISCELLANEOUS APPLICATION THE ASSESSEE SEEKS RECALL OF THE ORDER DATED 19 TH MARCH 2012, ON THE G ROUND THAT THERE IS A BONAFIDE REASON FOR NON APPEARANCE ON THE DATE FIXED FOR HEARING. APART FROM GIVING DETAILED PETITION, THE ASSESSEE HAS ALSO FILED AN AFFIDAVIT OF THE PERSON WHO RECEIVED THE REGISTERED NOTICE , TO STATE THAT THE NOTICE WAS MISPLACED BY HIM AND CONSEQUENTLY HE HAS NOT INFORMED THE ASSESSEE COMPANY ABOUT THE DATE OF POSTING, WHI CH RESULTED IN NON APPEARANCE ON THE DATE FIXED FOR HEARING. 2. HAVING REGARD TO THE CIRCUMSTANCES OF THE CASE, WE ARE OF THE VIEW THAT THIS IS A FIT CASE FOR RECALL OF THE ORDER. THEREFORE, IN EXERCISE OF THE POWERS VESTED IN US UNDER RULE 24 OF THE APPE LLATE TRIBUNAL RULES, WE HEREBY RECALL THE ORDER DATED 19 TH MARCH 2012 AND DIRECT THE REGISTRY TO POST THE APPEAL FOR FRESH 2 MA NO:294/MUM/2012 (ARISING OUT OF ITA NO: 4535/MUM/2011) HEARING ON 29 TH NOVEMBER 2012 . SINCE THE DATE IS ANNOUNCED IN THE OPEN COURT, ISSUANCE OF NOTICE TO THE PARTIES IS DISPENSED WITH. 3. IN THE RESULT, THE MISCELLANEOUS APPLICATION FILED BY THE ASSESSEE COMPANY IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 19 TH OCTOBER 2012. SD/ - SD/ - ( RAJENDRA SINGH ) ( D MANMOHAN ) ACCOUNTANT MEMBER VICE PRESIDENT MUMBAI, DATED: 19 TH OCTOBER 012 SALDANHA COPY OF THE ORDER FORWARDED TO: 1. M/S UPAJ INVESTMENTS & FINANCE PVT. LTD. GALA NO.7, J K INDL. ESTATE, OFF MAHAKALI CAVES ROAD ANDHERI (EAST), MUMBAI 400 095 2. ITO 8(3)(4), MUMBAI 3. CIT - 8, MUMBAI 4. CIT(A) - 18, MUMBAI 5. DR SMC BENCH 6. GUARD FILE TRUE COPY BY ORDER DY / ASSTT. REGISTRAR ITAT, MUMBAI