SHIVANI STELS, V. ITO WD 13(2)(4),

MA 439/MUM/2010

• Counselvise Citation: [2010] 123 COUNSELVISE.COM (IT) 5013 (ITAT-MUMBAI)
• Duration Of Justice: 1 month(s) 11 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 20-08-2010
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: E
• Assessment Year: 2005-2006
• Appeal Filed On: 09-07-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SUM EET KUMAR
• Assessee Lawyers: SA TYENDRA PANDEY

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH E, MUMBAI BEFORE SHRI D.K. AGARWAL, J.M. AND SHRI A.L. GEHLOT , A.M. M.A. NO. 439/M/10 (IN ITA NO. 6147/M/08 ASSESSMENT YEAR: 2005-06) M/S SHIVANI STEELS, APPLICANT M-SA, MEZZANINE FLOOR, GIRIRAJ BUILDING, S.T. ROAD, CARNAC BUNDER, MUMBAI 400 009 (PAN AACFS 2977E) VS. INCOME TAX OFFICER, RESPONDENT WARD 13(2)(4), MUMBAI APPLICANT BY : MR. SATYENDRA PANDEY RESPONDENT BY : MR. SUMEET KUMAR ORDER PER A.L. GEHLOT, A.M.: THIS MISCELLANEOUS APPLICATION FILED BY THE ASSESSE E ARISES OUT OF THE ORDER OF ITAT E BENCH, MUMBAI BENCHES, MUMBAI, IN APPEAL ITA NO. 6147/M/2008 DATED 27 TH NOVEMBER, 2009 IN WHICH THE APPEAL OF THE ASSESSEE WAS DISMISSED FOR ITS NO N-PROSECUTION BY THE ASSESSEE. THE ASSESSEE IN THE MA, BESIDES MENTI ONING THE REASONS FOR NOT ATTENDING THE HEARING OF HIS CASE, REQUESTED THAT NON ATTENDANCE ON THE DATE OF HEARING WAS OUT OF IN ADVERTENCE AND NOT AS THE ASSESSEE DISINTERESTED IN PROSECUTION OF APPEAL. TO THIS EFFECT THE ASSESSEE FILED AFFIDAVIT DATED 6 TH JULY, 2010 AFFIRMING THE REASONS MENTIONED IN THE M.A. 2. WE HAVE HEARD THE LEARNED COUNSEL OF THE ASSESSE E AND THE LEARNED DR IN THE MATTER. IN VIEW OF THE ABOVE THAT THE ASSESSEE IS INTERESTED IN PROSECUTING ITS APPEAL, THEREFORE, TH E ORDER OF THE ITAT (SUPRA) IS RECALLED. THE REGISTRY IS DIRECTED TO FIX THE APPEAL ON 13.10.2010 FOR HEARING AND ADJUDICATING THE APPEAL ON MERITS, WHICH IS ANNOUNCED IN THE OPEN COURT. 3. IN THE RESULT, THE MISCELLANEOUS APPEAL FILED BY THE ASSESSEE IS ALLOWED AS INDICATED ABOVE. PRONOUNCED IN THE OPEN COURT ON 20 TH AUGUST, 2010. SD/- SD/- (D.K. AGARWAL) (A.L. GEHLOT ) JUDICIAL MEMBER ACCOUNT ANT MEMBER DATED: 20 TH AUGUST, 2010 COPY TO:- 1) THE APPELLANT. 2) THE RESPONDENT. 3) THE CIT (A) CONCERNED. 4) THE CIT CONCERNED. 5) THE DEPARTMENTAL REPRESENTATIVE, E BENCH, I.T .A.T., MUMBAI. BY ORDER //TRUE COPY// ASST. REGISTRAR, I.T.A.T., MUMBAI. KV