GHISULAL HAMERMAL AND COMPANY, MUMBAI V. INCOME TAX OFFICER, 19(1)(3), MUMBAI

MA 360/MUM/2018

• Counselvise Citation: [2018] 119 COUNSELVISE.COM (IT) 2904 (ITAT-MUMBAI)
• Duration Of Justice: 5 month(s) 19 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 02-11-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: Not Allotted
• Assessment Year: 2009-2010
• Appeal Filed On: 14-05-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: CHAUDHARY ARUN KUMAR SINGH
• Keywords: Reasonable cause

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL SMC BENCH, MUMBAI BEFORE SHRI SHAMIM YAHYA, AM M A NO. 3 60/MUM/ 2018 (ARISING OUT OF ITA NO. 6739 /MUM/2017) ( ASSESSMENT YEAR: 2009 - 10 ) M/S. GHISULAL HAMERMAL & CO. 14, 1 ST CARPENTER STREET, NULL BAZAR, MUMBAI - 400 004 VS. INCOME - TAX OFFICER 19(1)(3), ROOM NO. 220, 2 ND FLOOR, MATRU MANDIR, TARDEO, MUMBAI - 400 007 PAN/GIR NO. AAAFG 0686 J ( APPELLANT ) : ( RESPONDENT ) APPELLANT BY : SHRI PIYUSH CHHAJED RESPONDENT BY : SHRI CHAUDHARY ARUN KUMAR SINGH DATE OF HEAR ING : 02.11.2018 DATE OF PRONOUNCEMENT : 02.11 .2018 O R D E R PER SHAMIM YAHYA, A. M.: BY WAY OF T H IS MISCELLANEOUS APPLICATION THE ASSESSEE SEEKS RECALL OF THE EX PARTE ORDER OF THIS TRIBUNAL IN ITA NO. 6739 /MUM/2017 VI DE ORDER DATED 07.03.2018 FO R THE ASSESSMENT YEAR 2009 - 10. 2. I HAVE HEARD BOTH THE COUNSEL AND PERUSED THE RECORDS. ON CAREFUL CONSIDERATION A ND CONSIDERING T HE REASONABLE CAUSE ATTRIBUTED FOR NON - APPEARANCE OF THE LD. COUNSEL OF THE ASSESSEE , I AM OF THE CONSIDERED OPINION TH AT T H E ABOVE EX PARTE 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 1 3 .12.2018 . N OTICE OF THE HEARING HAS BEEN DULY TAKEN NOTE OF BY THE PARTIES. 2 MA NO. 360/MUM/2018 M/S. GHISULAL HAMERMAL & CO. 4. IN THE RESULT , TH IS MISCELLANEOUS APPLICATION STANDS ALLOWED . ORDER PRONOUNCED IN THE OPEN COURT ON 02.11.2018 SD/ - (S HAMIM YAHYA) A CCOUNTANT MEMBER MUMBAI ; DATED : 02.11.2018 ROSHANI , SR. PS COPY O F THE ORDER FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT(A) 4. CIT - CONCERNED 5. DR, ITAT, MUMBAI 6. GUARD F ILE BY ORDER, (DY./ASSTT. REGISTRAR) ITAT, MUMBAI