RAMDAS DADY POOJARAI, V. ITO 21(3)(4),

MA 327/MUM/2010

• Counselvise Citation: [2010] 123 COUNSELVISE.COM (IT) 4974 (ITAT-MUMBAI)
• Duration Of Justice: 3 month(s) 29 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 17-09-2010
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: D
• Assessment Year: misc
• Appeal Filed On: 19-05-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH: MUMBAI BEFORE SHRI J. SUDHAKAR REDDY, ACCOUNTANT MEMBER AND SHRI R.S. PADVEKAR, JUDICIAL MEMBER M.A. NO.327/MUM/2010 (IN ITA NOS.3438 & 3439/MUM/2009 FOR AYS 2005-06 & 2006-07) M/S. RAMDAS DADU POOJARI, 40, JAI MAHAL ESTATE, LOHAR CHAWL, MUMBAI -400 002 APPLICANT VS ITO 21(3) (4), BANDRA KURLA COMPLEX, BANDRA (E), MUMBAI -400 051 ..RESPONDENT PAN: AAFPP 6726 P APPLICANT BY: SHRI MUKESH J. PABARI RESPONDENT BY: SHRI SUMIT KUMAR O R D E R PER R.S. PADVEKAR, JM THE APPELLANT-ASSESSEE HAS FILED THE APPLICATION U/ S.254(2) WITH THE PRAYER THAT THE ORDER PASSED BY THE TRIBUNAL IN ITA NOS.3438 & 3439/MUM/2009 DATED 26.3.2010 MAY BE RECALLED IN WHICH BOTH THE A PPEALS WERE DISMISSED FOR THE REASON OF NON-PROSECUTION OF THE ASSESSEE. 2. WE HAVE HEARD THE PARTIES. ON THE PERUSAL OF TH E REASONS GIVEN BY THE ASSESSEE AND AFFIDAVIT FILED, WE ARE CONVINCED THAT ORDER PASSED BY THE TRIBUNAL MA 327/M/2010 M/S. RAMDAS DADU POOJARI 2 IN ITA NOS.3438 & 3439/MUM/2009 DATED 26.3.2010 NEE DS TO BE RECALLED TO GIVE THE OPPORTUNITY TO THE ASSESSEE OF HEARING THE APPE AL ON MERIT. WE, ACCORDINGLY, RECALL THE SAID ORDER AND FIX THE APPEAL FOR HEARIN G ON MERIT ON 18.11.2010. NO SEPARATE NOTICE OF HEARING WILL BE GIVEN TO THE PAR TIES AS NEXT DATE OF HEARING IS PRONOUNCED IN THE OPEN COURT. 4. IN THE RESULT, THE M.A. IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS DAY OF 1 7TH SEPTEMBER 2010. SD/- SD/- ( J. SUDHAKAR REDDY ) ACCOUNTANT MEMBER ( R.S. PADVEKAR ) JUDICIAL MEMBER MUMBAI, DATE: 17TH SEPTEMBER 2010 COPY TO:- 1) THE APPLICANT. 2) THE RESPONDENT. 3) THE CIT (A) XXI, MUMBAI. 4) THE CIT CITY-21, MUMBAI. 5) THE D.R. D BENCH, MUMBAI. BY ORDER / / TRUE COPY / / ASSTT. REGISTRAR I.T.A.T., MUMBAI CHAVAN* MA 327/M/2010 M/S. RAMDAS DADU POOJARI 3 SR.N. EPISODE OF AN ORDER DATE INITIALS CONCERNED 1 DRAFT DICTATED ON 17.09.2010 SR.PS 2 DRAFT PLACED BEFORE AUTHOR 17.09.2010 SR.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 DATE ON WHICH FILE GOES TO THE HEAD CLERK 9 DATE OF DISPATCH OF ORDER