AFL PVT.LTD., V. ASST.C.I.T. CENTRAL CIRCLE 13,

MA 32/MUM/2011

• Counselvise Citation: [2011] 123 COUNSELVISE.COM (IT) 6441 (ITAT-MUMBAI)
• Duration Of Justice: 4 month(s) 5 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 20-05-2011
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2005-2006
• Appeal Filed On: 14-01-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: VANDANA SAGAR
• Assessee Lawyers: SUNIL S JHUNJHUNWALA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH A MUMBAI BEFORE SHRI R.S. SYAL (AM) AND SMT. ASHA VIJAYARAG HAVAN (JM) M.A. NO. 32/MUM/2011 (ARISING OUT OF ITA NO. 6697/MUM/2008) ASSESSMENT YEAR- 2005-06 M/S. ALF PVT. LTD., ALF HOUSE, LOK BHARAT COMPLEX, MAROL MAROSHI ROAD, ANDHERI(E), MUMBAI-400 059 PAN-AABCA 2213P VS. THE ACIT, CENTRAL CIRCLE-13, MUMBAI (APPELLANT) (RESPONDENT) APPELLANT BY: SHRI SUNIL S. JHUNJHUNWALA RESPONDENT BY: S MT. VANDANA SAGAR O R D E R PER ASHA VIJAYARAGHAVAN (JM) THIS MISCELLANEOUS APPLICATION IS FILED BY THE ASSE SSEE. THIS IS A PETITION FOR RESTORING THE APPEAL DISMISSED BY THE TRIBUNAL THROUGH ITS ORDER DT. 20 TH AUGUST, 2010 FOR NON-APPEARANCE BY THE ASSESSEE. 2. AT THE TIME OF HEARING ON 29.4.2011, THE APPLICA NT WAS ASKED TO FURNISH THE AFFIDAVIT FOR NON ATTENDANCE ON 20.8.20 10. WE ARE SATISFIED WITH THE REASONS STATED IN THE AFFIDAVIT IN A DETAI LED MANNER EXPLAINING THE REASONS FOR SUCH NON APPEARANCE, WE RECALL OUR ORDER DT. 20 TH AUGUST, 2010 IN ITA NO. 6697/M/08, RELATING TO THE ASSESSMENT YEAR 2005-2006 WHICH BELONGS TO ITAT A BENCH. 3. THIS RESTORED APPEAL IS POSTED FOR HEARING ON 25 .5.2011. SINCE THE DATE WAS ANNOUNCED IN THE COURT, NO FORMAL NOTICE W ILL BE ISSUED TO THE PARTIES FOR HEARING OF THIS APPEAL ON 25.05.2011. M.A. NO. 32/M/2011 2 3. IN RESULT, THIS MISCELLANEOUS APPLICATION FILED BY THE ASSESSEE IS ALLOWED. ORDER PRONOUNCED ON THIS 20 TH DAY OF MAY, 2011 SD/- SD/- (R.S. SYAL) (ASHA VIJAYARAGHAVAN) ACCOUNTANT MEMBER JUDICIAL MEM BER MUMBAI, DATED 20 TH MAY, 2011 RJ COPY TO : 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT-CONCERNED 4. THE CIT(A)-CONCERNED 5. THE DR A BENCH TRUE COPY BY ORDER ASSTT. REGISTRAR, I.T.A.T, MUMBAI M.A. NO. 32/M/2011 3 DATE INITIALS 1 DRAFT DICTATED ON: 13 . 0 5 . 201 1 SR. PS/PS 2. DRAFT PLACED BEFORE AUTHOR: 13 .0 5 .2011 ______ SR. PS/PS 3. DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER: _________ ______ JM/AM 4. DRAFT DISCUSSED/APPROVED BY SECOND MEMBER: _________ ______ JM/AM 5. APPROVED DRAFT COMES TO THE SR. PS/PS: _________ ______ SR. PS/PS 6. KEPT FOR PRONOUNCEMENT ON: _________ ______ SR. PS/PS 7. FILE SENT TO THE BENCH CLERK: _________ ______ SR. PS/PS 8. 9. DATE ON WHICH FILE GOES TO THE HEAD CLERK: DATE ON WHICH FILE GOES TO AR _________ ______ 10 . DATE OF DISPATCH OF ORDER: _________ ______