South India Flour Mills Ltd., CHENNAI V. ITO, CHENNAI

MA 30/CHNY/2010

• Counselvise Citation: [2010] 119 COUNSELVISE.COM (IT) 3732 (ITAT-CHENNAI)
• Duration Of Justice: 5 month(s) 28 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 30-07-2010
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Next Hearing Date: 30-07-2010
• Assessment Year: 1998-1999
• Appeal Filed On: 01-02-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: R PADMANABHAN

Judgement Text

IN THE INCOME-TAX APPELLATE TRIBUNAL: C- BENCH: CHENNAI (BEFORE SHRI U.B.S.BEDI AND SHRI A BRAHAM P GEORGE) M.A NO. 30/MDS/2010 (IN ITA NO.1742/MDS/03) ASSESSMENT YEAR 1998-99 M/S SOUTH INDIA FLOUR MILLS LTD. VS. THE JCIT, 19/20 ROYAPURAM BEACH RD, CHENNAI-600013 SPL. RANGE VII, CHENNAI (PAN AABPS 1858B) (APPLICANT) (RESPONDENT) APPLICANT BY: SHRI R.PADMANABHAN RESPONDENT BY: SHRI SHAJI P. JACOB ORDER PER ABRAHAM P.GEORGE, ACCOUNTANT MEMBER THIS MISC. APPLICATION BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF THIS TRIBUNAL IN ITA NO.1742/MDS/03 DATED 20-2-2007. 2. THE ABOVE INCOME-TAX APPEAL WAS DISMISSED BY THE TRIBUNAL IN LIMINE FOR NON- PROSECUTION. NOW, BY WAY OF THIS MISC. APPLICATION ASSESSEE SEEKS TO RECALL THE SAID ORDER OF THE TRIBUNAL ON THE GROUND THAT THERE WERE GENUINE CIRCUMSTANCES FOR NON- APPEARANCE ON THE DESIGNATED DATE. 3. UPON HEARING BOTH THE PARTIES AND PERUSING THE R ECORDS, WE ARE INCLINED TO RECALL THE ORDER OF THE TRIBUNAL. REGISTRY IS DIRECTED TO FIX THE ASSESSEES APPEAL FOR HEARING ON 27-10-2010. PRONOUNCEMENT TO THIS EFFECT WAS MAD E IN THE OPEN COURT. MA NO.30/MDS/10 2 4. IN THE RESULT, THIS MISC. APPLICATION BY THE ASS ESSEE IS ALLOWED. . SD/- ( U.B.S. BEDI) SD/- (ABRAHAM P. GEORGE) JUDICIAL MEMBER ACCOUNTANT MEMBER CHENNAI:30 TH JULY, 2010 NBR CC: THE ASSESSEE 2)THE ASSESSING OFFICER 3)THE C IT(A) 4) THE CIT, 5)THE D.R 6)GUARD FILE.