LONDREES AUSTIN REMEDIES, V. ITO 21(3)(3),

MA 404/MUM/2011

• Counselvise Citation: [2011] 123 COUNSELVISE.COM (IT) 7263 (ITAT-MUMBAI)
• Duration Of Justice: 4 month(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 25-11-2011
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2005-2006
• Appeal Filed On: 25-07-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: M SUBRAMANIAN

Judgement Text

1 MS LOUDRES AUSTIN REMEDIOS IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI A BENCH MUMBAI BENCHES, MUMBAI BEFORE SHRI P M JAGTAP , AM & SHRI VIJAY PAL RAO, JM MISCELLANEOUS APPLICATION NO.404/.MUM/2011 ARISING OUT OF ITA NO. 1683/MUM/2009 (ASST YEAR N2005-06) MS LOUDRES AUSTIN REMEDIOS 204 CHURCH VIEW OPP KAMANI L B S MARG KURLA, MUMBAI 70 VS THE INCOME TAX OFFICER WARD 21(3)(3) MUMBAI (APPLICANT) (RESPONDENT) PAN NO. AEO(R5681Q ASSESSEE BY SH M SUBRAMANIAN REVENUE BY SH P C MAURYA DT.OF HEARING 25.11.2011 DT OF PRONOUNCEMENT 25.11.2011 PER VIJAY PAL RAO, JM THE ASSESSEE HAS FILED THIS MISCELLANEOUS APPLICA TION WITH PRAYER TO RECALL THE ORDER OF THE TRIBUNAL IN ITA NO.1683/MUM/2009 DATED 28.2.2011 DISMISSING THE APPEAL OF THE ASSESSEE FOR NON PROSECUTION. 2 WE HAVE HEARD THE PARTIES AND CONSIDERED THE RE ASONS GIVEN IN THE APPLICATION AND ARE SATISFIED THAT THERE WAS REASON ABLE CAUSE FOR NON ATTENDANCE OF THE ASSESSEE OR HIS COUNSEL/A.R ON THE DATE OF H EARING. WE, THEREFORE, RECALL OUR ORDER IN ITA NO.1683/MUM/2009 DATED 28.2.2011 4 THE APPEAL IS FIXED FOR HEARING ON 19 TH JAN 2012. SINCE THE DATE OF HEARING WAS PRONOUNCED IN THE OPEN COURT IN THE PRESENCE OF BOT H THE PARTIES, THEREFORE, NO SEPARATE NOTICES WILL BE ISSUED TO THE PARTIES. THE REGISTRY IS DIRECTED TO FIX THE APPEAL ACCORDINGLY FOR HEARING. 2 MS LOUDRES AUSTIN REMEDIOS 5 IN THE RESULT, THE MISCELLANEOUS APPLICATION FILE D BY THE ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT AT THE TIME OF H EARING I.E 25 TH NOV 2011. SD/ SD/- ( P M JAGTAP ) ACCOUNTANT MEMBER ( VIJAY PAL RAO ) JUDICIAL MEMBER PLACE: MUMBAI : DATED: 25 NOV 2011 RAJ* COPY FORWARDED TO: 1 APPELLANT 2 RESPONDENT 3 CIT 4 CIT(A) 5 DR /TRUE COPY/ BY ORDER DY /AR, ITAT, MUMBAI