HAWARE ENGINEERS & BUILDERS P LTD, V. ITO WD 6(3) (2),

MA 405/MUM/2010

• Counselvise Citation: [2010] 123 COUNSELVISE.COM (IT) 5012 (ITAT-MUMBAI)
• Duration Of Justice: 1 month(s) 27 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 20-08-2010
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: H
• Assessment Year: 2002-2003
• Appeal Filed On: 23-06-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: R M TIWARI
• Assessee Lawyers: KESHAV BHUJLE

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH H MUMBAI BEFORE SHRI J. SUDHAKAR REDDY (AM) AND SMT. ASHA VIJAYARAGHAVAN (JM) M.A. NO. 405/MUM/2010 (ARISING OUT OF ITA NO. 393/MUM/2009 ASSESSMENT YEAR-2005-06 HAWARE ENGINEERS & BUILDERS PVT. LTD., 413/416, VARDHAMAN MARKET, SECTOR- 17, DBC, VASHI, NAVI MUMBAI-400 705 PAN-AACH2577C VS. THE ACIT, CENTRAL CIR-29 AAYAKAR BHAVAN, MUMBAI-400 020 (APPELLANT) (RESPONDENT) APPELLANT BY: SHRI KESHAV BHUJLE RESPONDENT BY: SHRI R.M. TIWARI O R D E R PER SMT. ASHA VIJAYARAGHAVAN (JM) BY THIS MISCELLANEOUS APPLICATION, THE ASSESSEE SEE KS TO RECALL THE ORDER OF THE TRIBUNAL PASSED ON 29 TH JANUARY, 2010 STATING THAT NON ATTENDANCE BEFORE THE TRIBUNAL WAS ON ACCOUNT OF NON-RECEIPT OF THE N OTICE OF HEARING. 2. WE FIND THAT THE REASON GIVEN BY THE ASSESSEE IS SATISFACTORY AND ACCORDINGLY WE ACCEPT THE SAME. WE THEREFORE RECAL L OUR ORDER DT. 29 TH JANUARY, 2010 AND DIRECT THE REGISTRY TO FIX THE APPEAL FOR FRESH HEARING ON 4.10.2010. SINCE THE DATE WAS ANNOUNCED IN THE COURT, NO FORMA L NOTICE WILL BE ISSUED TO THE PARTY FOR HEARING OF THIS APPEAL ON 4.10.2010. M.A.NO.405/M/10 2 3. IN THE RESULT, THE MISCELLANEOUS APPLICATION FIL ED BY THE ASSESSEE IS ALLOWED. ORDER PRONOUNCED ON THIS 20 TH DAY OF AUGUST, 2010 SD/- SD/- (J.SUDHAKAR REDDY) (ASHAVIJAYARAGHAVAN) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI, DATED 20 TH AUGUST, 2010 RJ COPY TO : 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT-CONCERNED 4. THE CIT(A)-CONCERNED 5. THE DR H BENCH TRUE COPY BY ORDER ASSTT. REGISTRAR, I.T.A.T, MUMBAI M.A.NO.405/M/10 3 DATE INITIALS 1 DRAFT DICTATED ON: 9.8.2010 SR. PS/PS 2. DRAFT PLACED BEFORE AUTHOR: 10.8.2010 ______ SR. PS/PS 3. DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER: _________ ______ JM/AM 4. DRAFT DISCUSSED/APPROVED BY SECOND MEMBER: _________ ______ JM/AM 5. APPROVED DRAFT COMES TO THE SR. PS/PS: _________ ______ SR. PS/PS 6. KEPT FOR PRONOUNCEMENT ON: _________ ______ SR. PS/PS 7. FILE SENT TO THE BENCH CLERK: _________ ______ SR. PS/PS 8. DATE ON WHICH FILE GOES TO THE HEAD CLERK: _________ ______ 9. DATE OF DISPATCH OF ORDER: _________ ______