TRIUMPH INTERNATIONAL FIANANCE INDIA LTD, V. ACIT CEN CIR 40,

MA 36/MUM/2010

• Counselvise Citation: [2010] 119 COUNSELVISE.COM (IT) 3589 (ITAT-MUMBAI)
• Duration Of Justice: 3 month(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 21-04-2010
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: E
• Assessment Year: 2004-2005
• Appeal Filed On: 20-01-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: DR P DANIEL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH E, MUMBAI. BEFORE SHRI N.V. VASUDEVAN, JUDICIAL MEMBER AND SHRI J. SUDHAKAR REDDY, ACCOUNTANT MEMBER M.A. NO. 36/ MUM/2010. (IN ITA NO. 278 3/MUM/2008) ASSESSMENT YEAR : 2004-05. TRIUMPH SECURITIES LTD., ASSTT. COMMISSIONER OF RADHA BHUVAN, 1 ST FLOOR, VS. INCOME TAX, 121, NAGINDAS MASYTER ROAD, CENT RAL CIRCLE-40, FORT, MUMBAI-23, MUMBAI. PAN : AAACT2152P. APPLICANT RESPONDENT APPLICANT BY : SHRI RAJIV KHANDELWAL. RESPONDENT BY : DR. P. DANIEL. O R D E R PER J. SUDHAKAR REDDY, A.M. BY THIS MISCELLANEOUS APPLICATION THE ASSESSEE SU BMITS THAT THE ASSESSEES REPRESENTATIVE MR. MAHENDRA VEDRE WA S VERY MUCH PRESENT IN THE COURT ROOM ON THE DATE OF HEARING. HE HAS MI SSED OUT ON THE NAME WHEN THE SAME WAS CALLED OUT AND HAD WAITED IN THE COURT ROOM TILL THE RAISING OF THE COURT. AN AFFIDAVIT HAS BEEN FILED B Y THE EMPLOYEE MR. MAHENDRA VEDRE JUSTIFYING THE ABOVE. 2. THE LEARNED COUNSEL FOR THE ASSESSEE SUBMITTED THAT TWO APPEALS WERE POSTED FOR HEARING ON 4 TH JUNE, 2009 IN THE CASE OF NH SECURITIES P. LTD., AN ASSOCIATED CONCERN OF THE AS SESSEE AND THE OFFICE STAFF DULY ATTENDED THE HEARING OF THE ASSOCIATE CO NCERN TO SEEK AN ADJOURNMENT AND IT WAS BY MISTAKE THAT THE ACCOUN TANT OF THE COMPANY 2 MISSED OUT WHEN THE MATTER WAS CALLED FOR HEARING. HE ALSO CLARIFIED THAT THE ASSESSEE HAD REMOVED THE DEFECT OF SHORT PAYMEN T OF FILING FEES AND HAD PAID THE BALANCE. HE PRAYED THAT THE ORDER OF T HE TRIBUNAL MAY BE RECALLED AS THE SAME WAS DISMISSED FOR NON PROSECUT ION. 3. DR. P. DANIEL, LEARNED SENIOR COUNSEL FOR THE R EVENUE OPPOSED THE CONTENTIONS. 4. AFTER HEARING THE RIVAL CONTENTIONS, WE ARE OF THE CONSIDERED OPINION THAT THE ASSESSEE WAS PREVENTED BY REASONAB LE CAUSE FROM APPEARING BEFORE THE TRIBUNAL ON THE DATE OF HEARIN G. THUS, IN VIEW OF THE PROVISO OF RULE 24 OF THE ITAT RULES, WE RECALL THE ORDER DATED 9 TH JUNE, 2009. WE DIRECT THE REGISTRY TO FIX THE CASE FOR HE ARING ON 14 TH JUNE, 2010. AS THIS DATE HAS BEEN PRONOUNCED IN THE OPEN COURT, NO SEPARATE NOTICE FOR HEARING SHALL BE GIVEN. 5. IN THE RESULT, THE MISCELLANEOUS APPLICATION OF THE ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN COURT ON 21-04-10 SD/- SD/- ( N.V.VASUDEVAN) (J. SUDHAKAR REDDY) JUDICIAL MEMBER. ACCOUNTANT MEMBER. MUMBAI, DATED : 21 ST APRIL, 2010. COPY FORWARDED TO : 1. APPLICANT. 2. RESPONDENT 3. C.I.T. 4. CIT(A) 5. DR, E-BENCH. (TRUE COPY) BY ORDER ASSTT. REGISTRAR, ITAT, MUMBAI BENCHES, MUMBAI.