JSM CORPORATION P. LTD, MUMBAI V. ASST CIT 6(3), MUMBAI

MA 444/MUM/2019

• Counselvise Citation: [2019] 112 COUNSELVISE.COM (IT) 0913 (ITAT-MUMBAI)
• Duration Of Justice: 4 month(s) 20 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 20-12-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: F
• Assessment Year: 2010-2011
• Appeal Filed On: 31-07-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: MICHAEL JERALDLD
• Assessee Lawyers: PRAMITA I RATHI LD

Judgement Text

1 MA NO.444/MUM/2019 ARISING OUT OF ITA NO.3236/MUM/2015 JSM CORPORATION PRIVATE LIMITED ASSESSMENT YEAR-2010-11 IN THE INCOME TAX APPELLATE TRIBUNAL F BENCH, MUMBAI , , BEFORE SHRI SAKTIJIT DEY, JM AND SHRI MANOJ KUMAR AGGARWAL, AM MISCELLANEOUS APPLICATION NO.444/MUM/2019 [ARISING OUT OF I.T.A. NO.3236/MUM/2015] ( / ASSESSMENT YEAR: 2010-11) JSM CORPORATION P RIVATE LIMITED TODI ESTATE, A-WING, 3 RD FLOOR SUNMILL COMPOUND, SITARAM JADHAV MARG LOWER PAREL, MUMBAI-400 013. / VS. A CIT - 6(3) AAYKAR BHAVAN, M.K. ROAD MUMBAI-400 020 ./ ./PAN/GIR NO. AABCJ-4903-B ( /APPELLANT ) : ( / RESPONDENT ) / APPELLANT BY : MS. PRAMITA I. RATHI, LD.AR / RESPONDENT BY : SHRI MICHAEL JERALD LD. DR / DATE OF HEARING : 27/09/2019 & 20/12/2019 !' / DATE OF PRONOUNCEMENT : 20/12/2019 / O R D E R MANOJ KUMAR AGGARWAL (ACCOUNTANT MEMBER): - 1. BY WAY OF THIS MISCELLANEOUS APPLICATION FOR ASS ESSMENT YEAR [AY] 2010-11, THE ASSESSEE SEEKS RECALL OF EX-PARTE ORDER PASSED BY THE 2 MA NO.444/MUM/2019 ARISING OUT OF ITA NO.3236/MUM/2015 JSM CORPORATION PRIVATE LIMITED ASSESSMENT YEAR-2010-11 TRIBUNAL IN ITA NO.3236/MUM/2015 DATED 10/10/2018 W HICH IS STATED TO BE SERVED ON THE ASSESSEE ON 11/02/2019. THE BENCH, IN ITS ORDER, HAS CONFIRMED THE PROPOSITIONS LAID DOWN BY FIRST APPEL LATE AUTHORITY AND DISMISSED THE APPEAL OF THE ASSESSEE. 2. THE LD. AR, DRAWING OUR ATTENTION TO THE PETITIO N, PLEADED FOR RECALL OF ORDER, BY SUBMITTING THAT MOST OF THE FOUNDER DIREC TOR OF THE COMPANY RESIGNED WITH EFFECT FROM 30/11/2017. FURTHER, DURI NG THE PERIOD FROM 01/04/2017 TO 30/11/2017, SEVEN OUT OF EIGHT DIRECT ORS RESIGNED FROM THE ASSESSEE COMPANY AND THEREFORE, EFFECTIVE REPRESENT ATION COULD NOT BE MADE IN THE MATTER. AN AFFIDAVIT FROM PRESENT MANA GING DIRECTOR OF THE ASSESSEE COMPANY HAS BEEN PLACED ON RECORD TO THAT EFFECT. THE LD. DR OPPOSED THE SAME BY SUBMITTING THAT THE ASSESSEE RE MAINED NEGLIGENT IN ATTENDING THE PROCEEDINGS. 3. UPON DUE CONSIDERATION OF FACTUAL MATRIX AND KEE PING IN VIEW THE SUBMISSIONS MADE BY LD. AR, THE BENCH FORMED AN OPI NION THAT IN THE INTEREST OF JUSTICE, THE STATED EX-PARTE ORDER DESE RVES TO BE RECALLED, HOWEVER UPON PAYMENT OF COST OF RS.5,000/-. ACCORDI NGLY, THE LD. AR WAS DIRECTED TO PAY THE SAME IN THE PRIME MINISTER NATIONAL RELIEF FUND. THE SAME HAS SINCE BEEN DEPOSITED BY THE ASSESSEE ON 03 /10/2019, THE PROOF OF PAYMENT OF WHICH HAS BEEN PLACED ON RECORD. THER EFORE, THE STATED ORDER OF THE TRIBUNAL STAND RECALLED. 4. THE REGISTRY HAS INFORMED THAT THE FILE HAS BEEN TRANSFERRED TO F BENCH. ACCORDINGLY, THE REGISTRY IS DIRECTED TO FIX THE APPEAL FOR HEARING 3 MA NO.444/MUM/2019 ARISING OUT OF ITA NO.3236/MUM/2015 JSM CORPORATION PRIVATE LIMITED ASSESSMENT YEAR-2010-11 BEFORE F BENCH ON 05/02/2020, WHICH HAS BEEN FIXE D AFTER DUE CONSULTATION WITH BOTH THE REPRESENTATIVE AND THERE FORE, SEPARATE NOTICE OF HEARING IS DISPENSED WITH. 5. THE APPLICATION STANDS ALLOWED IN TERMS OF OUR A BOVE ORDER. ORDER PRONOUNCED IN THE OPEN COURT ON 20 TH DECEMBER, 2019. SD/- SD/- (SAKTIJIT DEY) (MANOJ KUMAR AGGARWAL) / JUDICIAL MEMBER / ACCOUNTANT MEMBER MUMBAI; DATED : 20/12/2019 SR.PS:-JAISY VARGHESE / COPY OF THE ORDER FORWARDED TO : 1. !' / THE APPELLANT 2. #$!' / THE RESPONDENT 3. %% ( ) / THE CIT(A) 4. %% / CIT CONCERNED 5. & '# ( , % ( , / DR, ITAT, MUMBAI 6. ' *+, / GUARD FILE / BY ORDER, / (DY./ASSTT.REGISTRAR) , / ITAT, MUMBAI.