NEMINATH MUMBAI SHELTER, MUMBAI V. DCIT, CC- 1(3), MUMBAI

MA 305/MUM/2019

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 8998 (ITAT-MUMBAI)
• Duration Of Justice: 1 month(s) 25 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 28-06-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2011-2012
• Appeal Filed On: 03-05-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: CHAITANYA ANJARIA
• Assessee Lawyers: A K GHOSH
• Keywords: Reasonable cause

Judgement Text

T HE INCOME TAX APPELLATE TRIBUNAL SMC BENCH, MUMBAI BEFORE SHRI SHAMIM YAHYA ( A M) M.A. NO. 305/MUM/2019 ARISING OUT OF I.T.A. NO. 2952 /MUM/ 201 8 (ASSESSMENT YEAR 20 11 - 12 ) NEMINATH MUMBAI SHELTER B - 101, RAMJI HOUSE 1 ST FLOOR, JAMBULWADI KALBADEVI R OAD MUMBAI - 400 002. PAN : AAAAN4781G V S . DCIT CC - 1(3) MUMBAI. ( APPELLANT ) ( RESPONDENT ) ASSESSEE BY SHRI A.K. GHOSH DEPARTMENT BY SHRI CHAITANYA ANJARIA DATE OF HEARING 28 .6 . 201 9 DATE OF PRONOUNCEMENT 28 . 6 . 201 9 O R D E R BY WAY O F THIS MISCELLANEOUS APPLICATION ASSESSEE SEEKS RECALL OF THE EX - PARTE ORDER OF THIS TRIBUNAL IN INCOME TAX APPEAL NUMBE R 2952/MUM/2018 VIDE ORDER DATED 30.1.2019 FOR A.Y. 2011 - 12. 2. I HAVE HEARD BOTH THE COUNSEL AND PERUSED THE RECORDS. ON CAREFUL CONSI DERATION AND CONSIDERING THE REASONABLE CAUSE ATTRIBUTED FOR NON - APPEARANCE OF THE COUNSEL FOR THE ASSESSEE. I AM OF THE CONSIDERED OPINION THE ABOVE EX PARTE THE ORDER OF THIS TRIBUNAL DESERVES TO BE RECALLED. ACCORDINGLY THE ABOVE SAID ORDER OF THE TRIBU NAL IS DULY RECALLED. THE REGISTRY IS DIRECTED TO FIX THE APPEAL FOR HEARING IN NORMAL COURSE ON 1.8.2019. N OTICE OF THE HEARING HAS BEEN DULY TAKEN NOTE OF BY THE PARTIES. IN THE RESULT THE MISCELLANEOUS APPLICATION STANDS ALLOWED . ORDER HAS BE EN PRONOU NCED IN THE COURT ON 28 . 6 . 201 9 . SD/ - (SH A MIM YAHYA ) ACCOUNTANT MEMBER MUMBAI ; DATED : 28 / 6 / 20 1 9 2 COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT 2. THE RESP ONDENT 3. THE CIT(A) 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE. BY ORDER, //TRUE COPY// ( ASSISTANT REGISTRAR ) PS ITAT, MUMBAI