CHEMFERT TRADERS (BOMBAY) P.LTD, V. ITO1(1)(2),

MA 444/MUM/2011

• Counselvise Citation: [2011] 123 COUNSELVISE.COM (IT) 7289 (ITAT-MUMBAI)
• Duration Of Justice: 1 month(s) 18 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 21-10-2011
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Assessment Year: 2003-2004
• Appeal Filed On: 02-09-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH : MUMBAI BEFORE SHRI D. MANMOHAN, VICE PRESIDENT AND SHRI P.M.JAGTAP, ACCOUNTANT MEMBER M.A.NO. 444 & 445/MUM/2011 ARISING OUT OF ITA. NO. 4416 & 4417/MUM/2009 ASSESSMENT YEARS 2003-2004 & 2004-2005 M/S. CHEMFERT TRADERS (BOMBAY) PVT. LTD. POST : KONE VILLAGE, TAL : WADA, (CORNER OF SHIRISH PADA) DIST. THANE. PAN AAACC1457K VS. ITO 1 (1) 2 AAYAKAR BHAVAN M.K. ROAD MUMBAI -400 020 (APPLICANT) (RESPONDENT) FOR APPLICANT : SHRI KISHORE K. PODDAR FOR RESPONDENT : SHRI ALEXANDAR CHANDY DATE OF HEARING : 21-10-2011 DATE OF PRONOUNCEMENT : 21-10-2011 ORDER PER D. MANMOHAN, V.P. 1. BY THIS APPLICATION, THE ASSESSEE SEEKS RECALL OF THE ORDER DATED 30-3-2010 ON THE GROUND THAT THE APPEAL WAS W RONGLY DISMISSED ON ACCOUNT OF NON-APPEARANCE OVERLOOKING THE FACT THAT NO SUCH NOTICE WAS SERVED UPON THE ASSESSEE. 2. WE HAVE HEARD THE LEARNED COUNSEL, APPEARING ON BEHALF OF THE ASSESSEE AS WELL AS THE LEARNED DR IN THIS R EGARD. 3. HAVING REGARD TO THE CIRCUMSTANCES OF THE CASE, WE ARE OF THE OPINION THAT IT IS A FIT CASE TO RECALL THE ORD ER DATED 30-3-2010, IN EXERCISE OF THE POWERS VESTED IN US UNDER RULE 24 O F THE APPELLATE TRIBUNAL RULES. AS PRONOUNCED IN THE OPEN COURT, WE RECALL THE IMPUGNED ORDER AND DIRECT THE REGISTRY TO POST THE APPEAL FOR FINAL HEARING ON 20-12-2011. SINCE THE DATE IS ANNOUNCED IN THE OPEN COURT, PROCEDURE FOR ISSUANCE OF NOTICE TO PARTIES IS DISPENSED WITH. 2 M.A.NO. 444 & 445/MUM/2011 M/S. CHEMFERT TRADERS (BOMBAY) PVT. LTD. PRONOUNCED ACCORDINGLY IN THE OPEN COURT ON 21-10- 2011. SD/- SD/- (P.M.JAGTAP) (D.MANMOHAN) ACCOUNTANT MEMBER VICE PRESIDENT MUMBAI, DATE 21 ST OCTOBER, 2011 VBP/- COPY TO 1. M/S. CHEMFERT TRADERS (BOMBAY) PVT. LTD. POST : KONE VILLAGE, TAL : WADA, (CORNER OF SHIRISH PADA) DIST. THANE. PAN AAACC1457K 2. ITO 1 (1) 2, AAYAKAR BHAVAN, M.K. ROAD, MUMBAI - 400 020 3. CIT(A)-I, MUMBAI 4. CIT-1, MUMBAI 5. DR C BENCH 6. GUARD FILE TRUE COPY BY ORDER ASST. REGISTRAR, ITAT, MUMBAI BENCHES MUMBAI.