ADVANCE COMPSEALS PRIVATE LIMITED, MUMBAI V. INCOME TAX OFFICER 9(1)(1), MUMBAI

MA 358/MUM/2019

• Counselvise Citation: [2019] 115 COUNSELVISE.COM (IT) 9945 (ITAT-MUMBAI)
• Duration Of Justice: 3 month(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 20-09-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2009-2010
• Appeal Filed On: 19-06-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: AKHTAR HANSARI
• Assessee Lawyers: KHUSHIRAM JADHWANI; ANWAR SHAIKH
• Keywords: Reasonable cause
• Section: 201

Judgement Text

T HE INCOME TAX APPELLATE TRIBUNAL SMC BENCH, MUMBAI BEFORE SHRI SHAMIM YAHYA ( A M) M.A. NO. 358/MUM/2019 ARISING OUT OF I.T.A. NO. 479 /MUM/ 201 8 (ASSESSMENT YEAR 20 09 - 10 ) ADVANCE COMSEALS PVT. LTD. 406, GOLDEN CHAMBERS NEW LINK ROAD, ANDHERI (E) MUMBAI - 400 053. PAN : AAECA7292F V S . ITO - 9(1)(1) MUMBAI. ( APPELLANT ) ( RESPONDENT ) ASSESSEE BY SHRI KHUSHIRAM JADHWANI & SHRI ANWAR SHAIKH DEPARTMENT BY SHRI AKHTAR HANSARI DATE OF HEARING 20.9.2019 DATE OF PRONOUNCEMENT 20 . 9 . 201 9 O R D E R PER SHAMIM YAHYA (AM) : - BY WAY OF THE MISCELLANEOUS APPLICATION ASSESSEE SEEKS RECALL OF THE EX PARTE ORDER OF THIS TRIBUNAL IN INCOME TA X APPEAL NUMBER 479/MUM/2018 VIDE ORDER DATED 30.1.2019. 2. THE ASSESSEE SEEKS RECALL OF THE EX - PARTE O RDER PASSED BY THE TRIBUNAL. I HAVE HEARD BOTH THE COUNSEL AND PERUSED THE RECORDS. ON CAREFUL CONSIDERATION AND CONSIDERING THE REASONABLE CAUSE ATTRIBUTED FOR NON - APPEARANCE OF THE COUNSEL FOR THE ASSESSEE, I AM OF THE CONSIDERED OPINION THE ABOVE EX PAR TE THE ORDER OF THIS TRIBUNAL DESERVES TO BE RECALLED. 3. ACCORDINGLY THE ABOVE SAID ORDER OF THE TRIBUNAL IS DULY RECALLED. THE REGISTRY IS DIRECTED TO FIX THE APPEAL FOR HEARING IN NORMAL COURSE ON 4/11/2019 . NOTICE OF THE HEARING HAS BEEN DULY TAKEN NO TE OF BY THE PARTIES. ADVANCE COMSEALS PVT. LTD. 2 4. IN THE RESULT THE MISCELLANEOUS APPLICATION STANDS ALLOWED AS ABOVE . ORDER HAS BE EN PRONOUNCED IN THE COURT ON 20 . 9 . 201 9 . SD/ - (SH A MIM YAHYA ) ACCOUNTANT MEMBER MUMBAI ; DATED : 20 / 9 / 20 1 9 COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT(A) 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE. BY ORDER, //TRUE COPY// ( ASSIST ANT REGISTRAR ) PS ITAT, MUMBAI