PROLIFIC VENTURES PRIVATE LIMITED, MUMBAI V. INCOME TAX OFFICER 14(3)(4), MUMBAI

MA 379/MUM/2018

• Counselvise Citation: [2018] 118 COUNSELVISE.COM (IT) 9042 (ITAT-MUMBAI)
• Duration Of Justice: 6 month(s) 23 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 10-12-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2003-2004
• Appeal Filed On: 18-05-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: CHANDHARI ARUN KUMAR SINGH
• Keywords: Reasonable cause
• Section: 12

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL SMC BENCH, MUMBAI BEFORE SHRI SHAMIM YAHYA, AM M A NO S . 379 TO 384/ MUM/ 2018 (ARISING OUT OF ITA NOS. 38 TO 43/MUM/2018) (ASSESSMENT YEAR S : 2003 - 04 TO 2008 - 09 ) PROLIFIC VENTURES PRIVATE LIMITED WILSON HOUSE, NAGARDAS ROAD, ANDHERI (E), MUMBAI - 400 069 VS. ITO - 14(3)(4), ROOM NO. 554, 5 TH FLOOR, AAYAKAR BHAVAN, M. K. ROAD, MUMBAI - 20 PAN/GIR NO. AACCP 5402 E ( APPELLANT ) : ( RESPONDENT ) APPELLANT BY : SHRI ASHOK BANSAL RESPONDENT BY : SHRI CHANDHARI ARUN KUMAR SINGH DATE OF HEARING : 07.12.2018 DATE OF PRONOUNCEMENT : 10.12 .2018 O R D E R PER SHAMIM YAHYA, A. M.: BY WAY OF TH E S E M ISCELLANEOUS A PPLICATION S THE ASSESSEE SEEKS RECALL OF THE EX - PARTE COMMON ORDER OF THIS TRIBUNAL IN ITA NOS. 38 TO 43/MUM/2018 VI DE ORDER DATED 02.04.2018. 2. IN THE I NCOME T AX A PPEAL S , I T WAS NOTED THAT ADJOURNMENT PETITION WAS NOT ACCOMPANIED BY POWER OF ATTORNEY, HENCE THE ADJOURNMENT PETITION WAS DISMISSED. NOW THE ID COUNSEL OF THE ASSESSEE ATTRIBUTES IT TO INADVERTENT ERROR ON THE PART OF COUNSEL. 3. 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 2 MA NOS. 379 TO 384/MUM/2018 ASSESSEE, I AM OF THE C ONSIDERED OPINION THAT THE ABOVE EX PARTE THE ORDER S OF THIS TRIBUNAL DESERVES TO BE RECALLED. 4. ACCORDINGLY THE ABOVE SAID ORDER S OF THE TRIBUNAL ARE DULY RECALLED. THE REGISTRY IS DIRECTED TO FIX THE APPEAL FOR HEARING IN NORMAL COURSE. 5. IN THE RESU LT , THE SE MISCELLANEOUS APPLICATION S STANDS ALLOWED ORDER PRONOUNCED IN THE OPEN COURT ON 1 0 . 1 2 . 2 0 1 8 S D / - (SHAMIM YAHYA) ACCOUNTANT MEMBER MUMBAI ; DATED : 1 0 . 1 2 . 2 0 1 8 ROSHANI , SR. PS COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT(A) 4. CIT - CONCERNED 5. DR, ITAT, MUMBAI 6. GUARD FILE BY ORDER, (DY./ASSTT. REGISTRAR) ITAT, MUMBAI