SKIL INFRASTRUCTURELTD, V. ASST CIT CEN CIR 23,

MA 443/MUM/2011

• Counselvise Citation: [2011] 123 COUNSELVISE.COM (IT) 7411 (ITAT-MUMBAI)
• Duration Of Justice: 3 month(s) 2 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 02-12-2011
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: E
• Assessment Year: 2005-2006
• Appeal Filed On: 30-08-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: S K MUTSADDI

Judgement Text

1 SKIL INFRASTRUCTURE LTD IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI E BENCH MUMBAI BENCHES, MUMBAI BEFORE SHRI R S SYAL, AM & SHRI VIJAY PAL RAO, JM MISCELLANEOUS APPLICATION NO. 443/MUM/2011 ARISING OUT OF ITA NO. 3418/MUM/2010 (ASST YEAR 2005-06) SKIL INFRASTRUCTURE LTD 534/535 VYAPER BHAVAN 49 P D MELLO ROAD,CARNAC BUNDER MUMBAI 9 VS THE ASST COMMR OF INCOME TAX CEN.CEN/CR 25 MUMBAI (APPLICANT) (RESPONDENT) PAN NO. AABCS7689F ASSESSEE BY SH S K MUTSADDI REVENUE BY SH P K B MENON DT.OF HEARING 2 ND DEC 2011 DT OF PRONOUNCEMENT 2 ND DEC 2011 ORDER 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.3418/MUM/2010 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.3418/MUM/2010 DATED 2 8TH FEB 2011 4 THE APPEAL IS FIXED FOR HEARING ON MERIT ON 17 TH JAN 2012. SINCE THE DATE OF HEARING WAS PRONOUNCED IN THE OPEN COURT IN THE PRE SENCE OF BOTH THE PARTIES, THEREFORE, NO SEPARATE NOTICES WILL BE ISSUED TO TH E PARTIES. THE REGISTRY IS DIRECTED TO FIX THE APPEAL ACCORDINGLY FOR HEARING. 2 SKIL INFRASTRUCTURE LTD 5 IN THE RESULT, THE MISCELLANEOUS APPLICATION FILE D BY THE ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT AT THE TIME OF HEARING I.E 2 ND DEC 2012. SD/ SD/ ( R S SYAL ) ACCOUNTANT MEMBER ( VIJAY PAL RAO ) JUDICIAL MEMBER PLACE: MUMBAI : DATED: 2 DEC 2011 RAJ* COPY FORWARDED TO: 1 APPELLANT 2 RESPONDENT 3 CIT 4 CIT(A) 5 DR /TRUE COPY/ BY ORDER DY /AR, ITAT, MUMBAI