KAVITA HULE, MUMBAI V. INCOME TAX OFFICER 26(2)(1), MUMBAI

MA 413/MUM/2018

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 8498 (ITAT-MUMBAI)
• Duration Of Justice: 10 month(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 08-04-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2010-2011
• Appeal Filed On: 08-06-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ABIRAMA KARTHIKIYAN
• Keywords: Reasonable cause

Judgement Text

THE INCOME TAX APPELLATE TRIBUNAL SMC BENCH, MUMBAI BEFORE SHRI SHAMIM YAHYA ( A M) M.A. NO. 413/MUM/2018 ARISING OUT OF I.T.A. NO. 49 /MUM/ 201 8 (ASSESSMENT YEAR 20 1 0 - 1 1 ) KAVITA HULE A - 402, TARA SRISHTI COMPLEX SAKIVIHAR ROAD ANDHERI(E) MUMBAI - 400 0 72 . PAN : ABPPH4244K VS. ITO - 26(2)(1) AAYAKAR BHAVAN M.K. ROAD MUMBAI - 400 020. ( APPELLANT ) ( RESPONDENT ) ASSESSEE BY SHRI VIJAY MEHTA DEPARTMENT BY SHRI ABIRAMA KARTHIKIYAN DATE OF HEARING 29 . 3 . 20 1 9 DATE OF PRONOUNCEMENT 8 . 4 . 201 9 O R D E R PER SHAMIM YAHYA (AM) : BY THIS MISCELLANEOUS APPLICATION THE ASSESSEE SEEKS RECALL OF THE ORDER OF THE TRIBUNAL IN ITA NO. 49 /MUM/2018 FOR A.Y. 201 0 - 1 1 VIDE ORDER D ATED 27.3. 2018. 2. THE SAID APPEAL WAS DISMISSED EX - PARTE AND ALSO ON THE GROUND THAT THERE WAS N O CONDONATION PETITION FOR THE DELAY OF 118 DAYS. N OW BY WAY OF THIS MISCELLANEOUS APPLICATION , IT HAS BEEN SUBMITTED THAT CONDONATION PETITION WAS ACTUALLY FILED AND THERE WAS REASONABLE CAUSE FOR NON - APPEARANCE OF THE ASSESSEE S COUNSEL ON THE DATE OF HEARING. 3. UPON CAREFUL CONSIDERATION, IN THE INTER E ST OF JU STICE, TH E AFORESAID ORDER OF THE ITAT IS RE C ALLED. T HE REGISTRY IS DIRECTED TO FIX THE CASE IN NORMAL COURSE FOR HEARING. 2 4. IN THE RESULT , MISC ELLANEOUS APPLICATION FILED BY THE ASSESSEE STANDS ALLOWED. ORDER HAS BE EN PRONOUNCED IN T HE COURT ON 8 . 4 . 201 9 . (SH A MIM YAHYA ) ACCOUNTANT MEMBER MUMBAI ; DATED : 8 / 4 / 20 1 9 COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT(A) 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE. BY ORDER, //TRUE COPY// ( SENIOR P RIVATE S ECRETARY ) PS ITAT, MUMBAI