TELEVISION NEWS & ENTERTAINMENT (I) LTD, V. ACIT -11(1),

MA 31/MUM/2011

• Counselvise Citation: [2011] 123 COUNSELVISE.COM (IT) 6700 (ITAT-MUMBAI)
• Duration Of Justice: 5 month(s) 18 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 01-07-2011
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: I
• Assessment Year: 2004-2005
• Appeal Filed On: 14-01-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: T T JACOB
• Assessee Lawyers: RENU CHOUDHAR Y
• Keywords: Reasonable cause

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL 'I' BENCH, MUMBAI BEFORE SHRI R.S. PADVEKAR, JUDICIAL MEMBER AND SHRI B. RAMAKOTAIAH, ACCOUNTANT MEMBER MA NO. 31/MUM/2011 (ARISING OUT ITA NO. 6929/MUM/2008) (ASSESSMENT YEAR: 2004-05) TELEVISION NEWS & ENTERTAINMENT ACIT, CIRCLE 11(1) (I) LTD., C/0 UTV, 1076 PARIJAT HOUSE AAYAKAR BHAVA N, M.K. ROAD DR. E. MOSES ROAD, WORLI NAKA VS. MUMBAI 400020 WORLI, MUMBAI 400018 PAN - AACCT 3735 E APPLICANT RESPONDENT APPLICANT BY: MS. RENU CHOUDHARY RESPONDENT BY: SHRI T.T. JACOB O R D E R PER B. RAMAKOTAIAH, A.M. THE ASSESSEE THROUGH THIS MISCELLANEOUS APPLICATION REQUESTS THE TRIBUNAL TO RECALL THE EXPARTE ORDER PASSED IN ITA NO. 6929/MUM/2008 DATED 01.12.2009 FOR NON-APPEARANCE ON THE DATE OF HEARING. 2. THE LEARNED COUNSEL FOR THE ASSESSEE REFERRING TO T HE MISCELLANEOUS APPLICATION AND AFFIDAVIT FILED BY THE ASSESSEE EXP LAINED THE REASONS FOR SUCH NON-APPEARANCE ON THE APPOINTED DATE. 3. AFTER HEARING BOTH THE SIDES AND AFTER GOING THROUG H THE CONTENTS OF THE MISCELLANEOUS APPLICATION AS WELL AS THE AFFIDA VIT OF THE ASSESSEE WE FIND THERE WAS A REASONABLE CAUSE ON THE PART OF THE ASS ESSEE FOR SUCH NON- APPEARANCE ON THE APPOINTED DATE. WE, THEREFORE, RE CALL THE ORDER OF THE TRIBUNAL IN ITA NO. 6929/MUM/2008 DATED 01.12.2009 AND FIX THE HEARING OF THE APPEAL ON 8 TH AUGUST 2011, WHICH WAS ANNOUNCED IN THE OPEN COURT . NO SEPARATE NOTICE OF HEARING SHALL BE SENT TO WHIC H BOTH THE PARTIES AGREED. MA NO. 31/MUM/2011 TELEVISION NEWS & ENTERTAINMENT (I) LTD. 2 4. IN THE RESULT, MISCELLANEOUS APPLICATION FILED BY T HE ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 1 ST JULY 2011. SD/- SD/- (R.S. PADVEKAR) (B. RAMAKOTAIAH) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI, DATED: 1 ST JULY 2011 COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT(A) XI, MUMBAI 4. THE CIT XI, MUMBAI CITY 5. THE DR, I BENCH, ITAT, MUMBAI BY ORDER //TRUE COPY// ASSISTANT REGISTRAR ITAT, MUMBAI BENCHES, MUMBAI N.P.