ODYSSEY CAPITAL P. LTD, V. ASST. CIT 5(2),

MA 383/MUM/2010

• Counselvise Citation: [2010] 123 COUNSELVISE.COM (IT) 4976 (ITAT-MUMBAI)
• Duration Of Justice: 2 month(s) 29 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 15-09-2010
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Assessment Year: misc
• Appeal Filed On: 16-06-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: KESHAV SAXENA
• Assessee Lawyers: MEGHANA BUTALA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH C : MUMBAI BEFORE SHRI D.K. AGARWAL, (JM) AND SHRI T.R. SOO D,(AM) MA NO.383/MUM/2010 ARISING OUT OF ITA NO.1853/MUM/2009 ASSESSMENT YEAR : 2005-06 M/S. ODYSSEY CAPITAL PVT. LTD 4 TH FLOOR, SADHANA HOUSE 570, PANDURANG BUDHKAR MARG WORLI MUMBAI-400 018. ..( APPLICANT ) P.A. NO. (AAACO 2528 A) VS. ASSTT. COMMISSIONER OF INCOME TAX -5(2) MUMBAI-21. ..( RESPONDENT ) APPLICANT BY : MS. M EGHANA BUTALA RESPONDENT BY : SHRI KESH AV SAXENA O R D E R PER D.K. AGARWAL (JM). THIS MISCELLANEOUS PETITION FILED BY THE ASSESSEE I S DIRECTED AGAINST THE ORDER DATED 14.5.2010 PASSED BY THE TRIBUNAL IN ITA NO.1853/MUM/2009 FOR THE ASSESSMENT YEAR 2005-06. 2. THE APPLICANT VIDE HIS PETITION DATED 11.6.2010 SUPPORTED BY AN AFFIDAVIT DATED 11.6.2010 OF SHRI SHRIDHAR VENKATES H, DIRECTOR OF M/S. ODYSSEY CAPITAL PRIVATE LIMITED INTERALIA STATED ON OATH THAT : 2. WE DID NOT RECEIVE THE NOTICE OF HEARING BEFORE ITAT, MUMBAI. WE HAVE JUST RECEIVED THE ORDER WHIC H WAS PRONOUNCED ON 14 TH MAY, 2010 AND SO THAT WE HAVE COME TO KNOW THAT OUR APPEAL BEFORE HONBLE ITAT, C BENCH , MUMBAI WAS DISMISSED. MA NO.338/M/10 A.Y:05-06 2 IT WAS, THEREFORE, PRAYED THAT THE EXPARTE ORDER PASSED BY THE TRIBUNAL BE RECALLED. 3. AT THE TIME OF HEARING THE LD. COUNSEL FOR THE A SSESSEE SUBMITS THAT FOR THE REASONS MENTIONED IN ASSESSEES APPLICATION, TH E EXPARTE ORDER PASSED BY THE TRIBUNAL BE RECALLED WHICH WAS NOT OBJECTED TO BY THE LD. DEPARTMENTAL REPRESENTATIVE. 4. WE HAVE CAREFULLY CONSIDERED THE SUBMISSIONS OF THE RIVAL PARTIES AND PERUSED THE MATERIAL AVAILABLE ON RECORD. AFTER H AVING SATISFIED ABOUT THE REASONS SUBMITTED BY THE ASSESSEE AND CONSIDERING T HE FACTS AND CIRCUMSTANCES OF THE CASE, WE ARE OF THE VIEW THAT THERE WAS SUFFICIENT CAUSE FOR NON APPEARANCE OF THE ASSESSEE OR HIS AUTHORIZE D REPRESENTATIVE ON THE DATE OF HEARING AND ACCORDINGLY THE EXPARTE ORDER DATED 14.5.2010 PASSED BY THE TRIBUNAL IS RECALLED. PARTIES ARE TO APPEAR WITHOUT WAITING FOR ANY NOTICE ON 14.10.2010 AS ANNOUNCED IN THE OPEN COURT . 5. IN THE RESULT, THE MISCELLANEOUS APPLICATION STA NDS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 15.9.2010. SD/- SD/- ( T.R. SOOD ) ( D.K. AGARWAL ) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI, DATED: 15.9.2010. JV. COPY TO: THE APPLICANT THE RESPONDENT THE CIT, CONCERNED, MUMBAI THE CIT(A) CONCERNED, MUMBAI THE DR BENCH TRUE COPY BY ORDER DY/ASSTT. REGISTRAR, ITAT, MUMBAI.