SOMA PAPERS & INDUSTRIES, V. ACIT 2(3),

MA 329/MUM/2010

• Counselvise Citation: [2010] 123 COUNSELVISE.COM (IT) 5023 (ITAT-MUMBAI)
• Duration Of Justice: 2 month(s) 17 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 06-08-2010
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: E
• Assessment Year: 2004-2005
• Appeal Filed On: 20-05-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: JI TENDRA YADAV
• Assessee Lawyers: RANGESH BANKA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH E, MUMBAI BEFORE SHRI A.L. GEHLOT, A.M. AND SHRI V. DURGA RA O, A.M. M.A. NO. 329/M/10 (IN ITA NO. 4626/M/08 ASSESSMENT YEAR: 2004-05) SOMA PAPERS & INDUSTRIES LTD. APPLICAN T 14, R. KAMANI MARG, INDIAN MERCANTILE CHAMBERS, 3 RD FLOOR, BALLARD ESTATE, MUMBAI 400 001 (PAN AAACS 6835 Q) VS. ASSTT. COMMISSIONER OF INCOME TAX, RESPON DENT 2(3), AAYAKAR BHAVAN, MK. ROAD, MUMBAI 400 020 APPLICANT BY : MR. RANGESH BANKA RESPONDENT BY : MR. JITENDRA YADAV ORDER PER A.L. GEHLOT, A.M.: THIS MISCELLANEOUS APPLICATION FILED BY THE ASSESSE E ARISES OUT OF THE ORDER OF ITAT C BENCH, MUMBAI BENCHES, MUMBAI, IN APPEAL ITA NO. 4259/M/2009 DATED 26 TH MARCH, 2010, 2010 IN WHICH THE APPEAL OF THE ASSESSEE WAS DISMISSED FOR ITS NON- PROSECUTION BY THE ASSESSEE. THE ASSESSEE IN THE MA , BESIDES MENTIONING THE REASONS FOR NOT ATTENDING THE HEARIN G OF HIS CASE, REQUESTED THAT NON ATTENDANCE ON THE DATE OF HEARIN G WAS OUT OF INADVERTENCE AND NOT AS THE ASSESSEE DISINTERESTED IN PROSECUTION OF APPEAL. 2. WE HAVE HEARD THE LEARNED COUNSEL OF THE ASSESSE E AND THE LEARNED DR IN THE MATTER. IN VIEW OF THE ABOVE THAT THE ASSESSEE IS INTERESTED IN PROSECUTING ITS APPEAL, THEREFORE, TH E ORDER OF THE ITAT (SUPRA) IS RECALLED. THE REGISTRY IS DIRECTED TO FIX THE APPEAL M.A. NO. 329/M/10 SOMA PAPERS & INDUSTRIES 2 ON 06.09.2010 FOR HEARING AND ADJUDICATING THE APPEAL ON MERITS, WHICH IS ANNOUNCED IN THE OPEN COURT. 3. IN THE RESULT, THE MISCELLANEOUS APPEAL FILED BY THE ASSESSEE IS ALLOWED AS INDICATED ABOVE. PRONOUNCED IN THE OPEN COURT ON 6 TH AUGUST, 2010. SD/- SD/- (V. DURGA RAO) (A.L. GEHLOT ) JUDICIAL MEMBER ACCOUNT ANT MEMBER DATED: 6 TH AUGUST, 2010 COPY TO:- 1) THE APPELLANT. 2) THE RESPONDENT. 3) THE CIT (A) CONCERNED. 4) THE CIT CONCERNED. 5) THE DEPARTMENTAL REPRESENTATIVE, C BENCH, I.T .A.T., MUMBAI. BY ORDER //TRUE COPY// ASST. REGISTRAR, I.T.A.T., MUMBAI. KV