NEHRAJ STOCK BROKERS P. LTD, V. DCIT 4(2),

MA 43/MUM/2012

• Counselvise Citation: [2012] 123 COUNSELVISE.COM (IT) 9163 (ITAT-MUMBAI)
• Duration Of Justice: 7 month(s) 25 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 21-09-2012
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: G
• Assessment Year: 2006-2007
• Appeal Filed On: 27-01-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: K H KUTTY
• Keywords: Reasonable cause

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCH G, MUMBAI BEFORE SHRI I.P.BANSALJUDICIAL MEMBER & SHRI RAJENDRA, ACCOUNTANT MEMBER M.A.NO..43/MUM/2012 (ARISING OUT OF ITA NO.2068/MUM/2010,A.Y.2006-07) M/S. NEHRAJ STOCK BROKERS PVT. LTD. 51, ADVENT, 12-A, GEN. JAGANNATHRAO BHOSALE MARG, NARIMAN POINT, MUMBAI - 400 021. PAN AABCN 4279L (APPLICANT) VS. THE DCIT 4(2), AAYKAR BHAVAN, MK ROAD, MUMBAI - 20. (RESPONENT) APPLICANT BY : SHRI NARESH KUMAR RESPONDENT BY : SHRI K.H.KUTTY DATE OF HEARING : 21/09/2012 DATE OF PRONOUNCEMENT : 2 1/09/2012 ORDER PER I.P.BANSAL, J.M VIDE MISCELLANEOUS APPLICATION FILED AS ABOVE AS SESSEE HAS SOUGHT RECALL OF THE EX-PARTE ORDER DATED 29/7/2011 PASSED IN ITA NO.2068/MUM/2010 IN DEPARTMENTAL APPEAL. THE APPEA L FILED BY THE DEPARTMENT WAS DECIDED IN FAVOUR OF THE REVENUE ON THE GROUND THAT THE ASSESSEE DID NOT APPEAR BY OBSERVING THAT THE ASSE SSEE IS NOT INTERESTED IN PROSECUTING THIS APPEAL. IT WAS ALSO MADE CLEAR TH AT ASSESSEE SHALL BE AT LIBERTY TO APPROACH THE TRIBUNAL FOR RECALLING OF THE ORDER IF ASSESSEE IS PREVENTED BY SUFFICIENT AND REASONABLE CAUSE FOR N OT APPEARING ON THE DATE OF HEARING. 2. IN THE MISCELLANEOUS APPLICATION IT HAS BEEN SUB MITTED THAT SHRI C.B.R MURTHY , CHARTERED ACCOUNTANT WAS TO REPRESENT THE APPEAL ON 12//7/2011. HE SUDDENLY FELL SICK DUE TO VIRAL FEVER WITH JOINT PAINS ON 10/7/2011 AND M.A.NO..43/MUM/2012 2 THIS AILMENT CONTINUED UPTO 17/7/2011. THEREFORE, IT HAS BEEN SUBMITTED IN THE APPLICATION THAT ASSESSEE WAS PREVENTED BY R EASONABLE AND SUFFICIENT CAUSE FOR NON APPEARANCE ON THE FIXED DATE OF HEARI NG. THE AVERMENTS MADE IN THE APPLICATION ARE ALSO SUPPORTED BY AFFIDAVIT OF THE DIRECTOR OF THE ASSESSEE COMPANY AS WELL AS SHRI C.B.R. MURTHY, CH ARTERED ACCOUNTANT OF THE COMPANY, ACCOMPANIED BY MEDICAL CERTIFICATE. 3. IN THIS VIEW OF THE SITUATION AFTER HEARING BOTH THE PARTIES, WE ARE SATISFIED THAT ASSESSEE WAS PREVENTED BY REASONABLE CAUSE FOR NON- APPEARANCE ON THE FIXED DATE OF HEARING. WE, THERE FORE, RESTORE THE IMPUGNED APPEAL FOR FRESH DISPOSAL. THE DATE OF HE ARING IS FIXED AT 21/11/2012. LD. A.R OF THE ASSESSEE HAD TAKEN NOTE OF THE SAID DATE OF HEARING WAIVING HIS RIGHT TO RECEIVE NOTICE FOR THA T DATE. THE MISCELLANEOUS APPLICATION FILED BY THE ASSESSEE IS ALLOWED IN THE MANNER AFORESAID. 4. IN THE RESULT, THE MISCELLANEOUS APPLICATION IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON TH E 21 ST DAY OF SEPT. 2012 SD/- SD/- ( RAJENDRA ) (I.P.BANSAL) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI, DATED 21ST SEPT ., 2012. COPY TO: 1. THE APPLICANT 2. THE RESPONDENT 3. THE CIT CITY CONCERNED 4. THE CIT(A)- CONCERNED 5. THE D.RG BENCH. (TRUE COPY) BY ORDER ASST. REGISTRAR, I TAT, MUMBAI BENCHES MUMBAI. VM. ` M.A.NO..43/MUM/2012 3 DETAILS DATE INITIALS DESIGNATION 1 DRAFT DICTATED ON 21/09/2012 SR.PS/PS 2 DRAFT PLACED BEFORE AUTHOR 21/09/2012 SR.PS/PS 3 DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER JM/AM 4 DRA FT 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 THE FILE GOES TO THE HEAD CLERK 9 DATE OF DISPATCH OF ORDER