YASH SHARES & STOCK P. LTD, V. DCIT RG 8(3),

MA 333/MUM/2010

• Counselvise Citation: [2010] 123 COUNSELVISE.COM (IT) 5018 (ITAT-MUMBAI)
• Duration Of Justice: 2 month(s) 24 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 13-08-2010
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: G
• Assessment Year: 2005-2006
• Appeal Filed On: 20-05-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SHRAVAN KUMAR

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH G : MUMBAI BEFORE SHRI R.S. SYAL, (AM) AND SHRI D.K. AGARWA L, (JM) MA NO.333/MUM/2010 ARISING OUT OF ITA NO.980/MUM/2009 ASSESSMENT YEAR : 2005-2006 M/S. YASH SHARES & STOCK PVT. LTD. OFFICE NO.10, 5 TH FLOOR, SHAMIYA ENCLAVE, VALLABHBHAI RD., VILE PARLE (W), MUMBAI 400 056. ..( APPLICANT ) P.A. NO. (AAACY 2000 K) VS. DY. COMMISSIONER OF INCOME TAX RANGE 8(3) AAYAKAR BHAVAN, M.K. ROAD, MARINE LINES, MUMBAI-400 020. ..( RESPONDENT ) APPLICANT BY : SHRI PRADEEP KEDIA RESPONDENT BY : SHRI SHR AVAN KUMAR O R D E R PER D.K. AGARWAL (JM). THIS MISCELLANEOUS PETITION FILED BY THE ASSESSEE IS DIRECT ED AGAINST THE ORDER DATED 20.4.2010 PASSED BY THE TRIBU NAL IN ITA NO.980/MUM/2009 FOR THE ASSESSMENT YEAR 2005-06. 2. THE APPLICANT VIDE HIS PETITION DATED 20.05.2010 SU PPORTED BY AN AFFIDAVIT OF SHRI VIPUL DAVE, DIRECTOR OF M/S. YASH SHARES & STOCKS PVT. LTD. DATED 08.07.2010 INTERALIA STATED ON OATH THAT : MA NO.333/MUM/2010 A.Y.: 2005-2006 2 3 I SAY THAT THE NOTICE OF HEARING PURSUANT TO WHICH THE EX-PARTE ORDER DT.20 TH APRIL, 2010 WAS PASSED WAS NOT RECEIVED BY THE ASSESSEE COMPANY. IT WAS, THEREFORE, PRAYED THAT THE EXPARTE ORDER PASSE D BY THE TRIBUNAL BE RECALLED. 3. AT THE TIME OF HEARING THE LD. COUNSEL FOR THE ASSE SSEE SUBMITS THAT FOR THE REASONS MENTIONED IN ASSESSEES APPLICATION, THE EXPARTE ORDER PASSED BY THE TRIBUNAL BE RECALLED WHICH WAS NOT O BJECTED TO BY THE LD. DEPARTMENTAL REPRESENTATIVE. 4. WE HAVE CAREFULLY CONSIDERED THE SUBMISSIONS OF THE RI VAL PARTIES AND PERUSED THE MATERIAL AVAILABLE ON RECORD. AFTER HAVING SATISFIED ABOUT THE REASONS SUBMITTED BY THE ASSESSEE AND CONSIDERING THE FACTS AND CIRCUMSTANCES OF THE CASE, WE ARE OF THE VIEW THAT THE RE WAS SUFFICIENT CAUSE FOR NON APPEARANCE OF THE ASSESSEE OR HIS A UTHORIZED REPRESENTATIVE ON THE DATE OF HEARING AND ACCORDINGLY THE EXPARTE ORDER DATED 20.4.2010 PASSED BY THE TRIBUNAL IS RECALLE D. PARTIES ARE TO APPEAR WITHOUT WAITING FOR ANY NOTICE ON 12.10.20 10 AS ANNOUNCED IN THE OPEN COURT. 5. IN THE RESULT, THE MISCELLANEOUS APPLICATION STANDS ALL OWED. ORDER PRONOUNCED IN THE OPEN COURT ON 13.8.2010. SD/- SD/- (R.S. SYAL) ( D.K. AGARWAL ) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI, DATED: 13.8.2010 JV. MA NO.333/MUM/2010 A.Y.: 2005-2006 3 COPY TO: THE APPLICANT THE RESPONDENT THE CIT, CONCERNED, MUMBAI THE CIT(A) CONCERNED, MUMBAI THE DR BENCH TRUE COPY BY ORDER DY/ASSTT. REGISTRAR, ITAT, MUMBAI.