PARAG S. DAKI, V. ITO (HQ)(CIB),

MA 354/MUM/2011

• Counselvise Citation: [2011] 123 COUNSELVISE.COM (IT) 7254 (ITAT-MUMBAI)
• Duration Of Justice: 4 month(s) 19 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 18-11-2011
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Assessment Year: 2005-2006
• Appeal Filed On: 29-06-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: C G K NAIR
• Assessee Lawyers: SONS; K PODDAR
• Keywords: Reasonable cause

Judgement Text

MA NO 354 OF 2011 PARAG S. DAKI THANE PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL 'C' BENCH, MUMBAI BEFORE SHRI D.K. AGARWAL, JUDICIAL MEMBER AND SHRI B. RAMAKOTAIAH, ACCOUNTANT MEMBER M.A.NO.354/MUM/2011 (ARISING OUT OF ITA NO.5608/MUM/2009) (ASSESSMENT YEAR: 2005-06) SHRI PARAG S. DAKI VS INCOME TAX OFFICER WAGHBIL, KASARVADAVALI (HQ)(CIB) 60/61 GODHBUNDER ROAD PRAPTIKAR SADAN, THANE 400601 ERANDWANE,KARVE ROAD PAN ANJOD 4508 L PUNE 411 004 APPELLANT RESPONDENT APPELLANT BY: M/S K PODDAR AND SONS RESPONDENT BY: SHRI C.G.K.NAIR, DR DATE OF HEARING: 18/11/2011 DATE OF PRONOUNCEMENT: 18/11/2011 O R D E R PER B. RAMAKOTAIAH, A.M. THE ASSESSEE THROUGH THIS MISCELLANEOUS APPLICATION REQUESTS THE TRIBUNAL TO RECALL THE EX-PARTE ORDER DT. 09-09 -10 PASSED FOR NON-APPEARANCE ON THE DATE OF HEARING. 2. THE LEARNED COUNSEL FOR THE ASSESSEE REFERRING TO T HE MISCELLANEOUS APPLICATION AND AFFIDAVIT FILED BY TH E ASSESSEE EXPLAINED THE REASONS FOR SUCH NON-APPEARANCE ON TH E APPOINTED DATE. 3. AFTER HEARING BOTH THE SIDES AND AFTER GOING THROUG H THE CONTENTS OF THE MISCELLANEOUS APPLICATION AS WELL A S THE AFFIDAVIT OF MA NO 354 OF 2011 PARAG S. DAKI THANE PAGE 2 OF 2 THE ASSESSEE WE FIND THERE WAS A REASONABLE CAUSE O N THE PART OF THE ASSESSEE FOR SUCH NON-APPEARANCE ON THE APPOINTED D ATE. WE, THEREFORE, RECALL THE ORDER OF THE TRIBUNAL AND FIX THE HEARING OF THE APPEAL ON 09/01/2012, WHICH WAS ANNOUNCED IN THE OP EN COURT. IT WAS ALSO ANNOUNCED THAT NO SEPARATE NOTICE OF HEARI NG SHALL BE SENT TO WHICH BOTH THE PARTIES AGREED. 4. IN THE RESULT, MISCELLANEOUS APPLICATION FILED BY T HE ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 18TH NOVEMBER 2011. SD/- SD/- (D.K.AGARWAL) (B. RAMAKOTAIAH) JUDICIAL MEMBER ACCOUNTANT MEMBER VINODAN/SPS MUMBAI, DATED 18TH NOVEMBER, 2011. COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CONCERNED CIT(A) 4. THE CONCERNED CIT 5. THE DR, C BENCH, ITAT, MUMBAI BY ORDER ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCHES, MUMBAI