STANDARD CHARTERED INV & LOANS I LTD, V. DCIT 1(3),

MA 332/MUM/2010

• Counselvise Citation: [2010] 123 COUNSELVISE.COM (IT) 4973 (ITAT-MUMBAI)
• Duration Of Justice: 3 month(s) 28 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 17-09-2010
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: E
• Assessment Year: 2005-2006
• Appeal Filed On: 20-05-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL E BENCH: MUMBAI BEFORE SHRI J. SUDHAKAR REDDY, ACCOUNTANT MEMBER AND SHRI R.S. PADVEKAR, JUDICIAL MEMBER M.A. NO.332/MUM/2010 (IN ITA NO.1474/MUM/2009 FOR AY 2005-06) STANDARD CHARTERED INVESTMENTS AND LOANS (INDIA) LI MITED, CORPORATE OFFICE- METRO HOUSE, 4TH FLOOR, M.G. ROAD, MUMBAI APPLICAN T VS DCIT 1(3), AAYAKAR BHAVAN, MARINE LINES, MUMBAI -400 001 ..RESPONDENT PAN: AAHCS 6432 N APPLICANT BY: SHRI SANJIV M. SHAH 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) PRAYING THAT THE ORDER PASSED BY THE TRIBUNAL IN ITA NO.1474/MUM /2009 DATED 28.1.2010 DISMISSING THE APPEAL OF THE ASSESSEE FOR NON-PROSE CUTION MAY BE RECALLED. MA 332/M/2010 STANDARD CHARTERED INVESTMENTS AND LOANS (INDIA) LIMITED 2 2. WE HAVE HEARD THE PARTIES. WE HAVE ALSO PERUSED THE REASONS GIVEN BY THE ASSESSEE FOR RECALLING THE ORDER. IN THE APPLI CATION IT IS STATED THAT THERE WAS CHANGE IN THE ADDRESS OF THE REGISTERED OFFICE OF T HE BANK AND HENCE NOTICE COULD NOT BE SERVED ON THE ASSESSEE. 3. AFTER CONSIDERING THE PLEA OF THE ASSESSEE, WE A RE OF THE OPINION THAT THE ORDER PASSED IN ITA NO.1474/MUM/2009 DATED 21.1.201 0 NEEDS TO BE RECALLED. WE ACCORDINGLY RECALL THE SAID ORDER AND FIX THE AP PEAL FOR HEARING ON MERIT ON 9.12.2010. THE NEXT DATE OF HEARING OF APPEAL IS P RONOUNCED IN THE OPEN COURT AND NO SEPARATE NOTICE OF HEARING WILL BE ISSUED TO THE PARTIES. 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-1, MUMBAI. 5) THE D.R. E BENCH, MUMBAI. BY ORDER / / TRUE COPY / / ASSTT. REGISTRAR I.T.A.T., MUMBAI CHAVAN* MA 332/M/2010 STANDARD CHARTERED INVESTMENTS AND LOANS (INDIA) LIMITED 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