SVS SECURITIES P.LTD, MUMBAI V. ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE -4(2), MUMBAI

MA 457/MUM/2019

• Counselvise Citation: [2019] 112 COUNSELVISE.COM (IT) 0912 (ITAT-MUMBAI)
• Duration Of Justice: 4 month(s) 10 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 20-12-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: G
• Assessment Year: 2011-2012
• Appeal Filed On: 09-08-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: MICHAEL JERALDLD
• Assessee Lawyers: SANJAY PARIKHLD
• Keywords: Principle of natural justice

Judgement Text

1 MA NO.457-458/MUM/2019 M/S. SVS SECURITIES PRIVATE LIMITED ASSESSMENT YEARS-2011-12 & 2012-13 IN THE INCOME TAX APPELLATE TRIBUNAL G BENCH, MUMBAI , , BEFORE SHRI PAWAN SINGH, JM AND SHRI MANOJ KUMAR AGGARWAL, AM MISCELLANEOUS APPLICATION NO. 457/MUM/2019 [ARISING OUT OF I.T.A. NO.4522/MUM/2017] ( / ASSESSMENT YEAR: 2011-12) & MISCELLANEOUS APPLICATION NO. 458/MUM/2019 [ARISING OUT OF I.T.A. NO.4523/MUM/2017] ( / ASSESSMENT YEAR: 2012-13) M/S. SVS S ECUR ITIES PVT. LIMITED 32, KHATAU BUILDING ALKESH DINESH MODI MARG FORT, MUMBAI-400 023. / VS. A CIT - CIRCLE - 4 (3) ROOM NO. 642, AAYKAR BHAVAN, M.K.ROAD, MUMBAI-400 020 ./ ./PAN/GIR NO. AABCS-5982-K ( /APPELLANT ) : ( / RESPONDENT ) / APPELLANT BY : SHRI SANJAY PARIKH, LD.AR / RESPONDENT BY : SHRI MICHAEL JERALD, LD. DR / DATE OF HEARING : 04/10/2019 & 20/12/2019 / DATE OF PRONOUNCEMENT : 20/12/2019 2 MA NO.457-458/MUM/2019 M/S. SVS SECURITIES PRIVATE LIMITED ASSESSMENT YEARS-2011-12 & 2012-13 / O R D E R MANOJ KUMAR AGGARWAL (ACCOUNTANT MEMBER):- 1. BY WAY OF THESE MISCELLANEOUS APPLICATIONS FOR A SSESSMENT YEARS [AY] 2011-12 & 2012-13, THE ASSESSEE SEEKS RECALL O F EX-PARTE ORDER PASSED BY THE TRIBUNAL IN ITA NOS.4522-4523/MUM/201 7 ON 05/02/2019. THE BENCH, IN ITS ORDER, HAS CONFIRMED THE PROPOSIT IONS LAID DOWN BY FIRST APPELLATE AUTHORITY AND DISMISSED THE APPEALS FILED BY THE ASSESSEE. 2. THE LD. AR, SHRI SANJAY PARIKH, DRAWING OUR ATTE NTION TO THE PETITION, PLEADED FOR RECALL OF ORDER, BY SUBMITTING THAT THE RE REMAINED CONFUSION AS TO DATE OF HEARING OF THE APPEALS. IT WAS ALSO SUBM ITTED THAT FRESH NOTICE OF HEARING WAS NOT ISSUED TO THE ASSESSEE AND THERE WA S INADVERTENT MISTAKE IN NOTING DOWN THE CORRECT DATES OF HEARING BY AUTH ORIZED REPRESENTATIVE OF ASSESSEE. IN THE ABOVE BACKGROUND, LD. AR SOUGHT TO MAKE OUT A CASE OF VIOLATION OF PRINCIPLE OF NATURAL JUSTICE. THE LD. DR SUBMITTED THAT THE ASSESSEE REMAINED NEGLIGENT IN ATTENDING THE HEARIN G. 3. UPON DUE CONSIDERATION OF FACTUAL MATRIX AND KEE PING IN VIEW THE SUBMISSIONS MADE, THE BENCH FORMED AN OPINION THAT IN THE INTEREST OF JUSTICE, THE STATED ORDER DESERVES TO BE RECALLED, HOWEVER UPON PAYMENT OF COST OF RS.10,000/-. ACCORDINGLY, THE LD. AR WAS DI RECTED TO PAY THE SAME IN THE PRIME MINISTER NATIONAL RELIEF FUND. THE SAME HAS SINCE BEEN DEPOSITED BY THE ASSESSEE ON 07/10/2019, THE PROOF OF PAYMENT OF WHICH HAS BEEN PLACED ON RECORD. THEREFORE, THE STATED OR DER OF THE TRIBUNAL STAND RECALLED IN TERMS OF RULE 24 OF APPELLATE TRI BUNAL RULES, 1963. 3 MA NO.457-458/MUM/2019 M/S. SVS SECURITIES PRIVATE LIMITED ASSESSMENT YEARS-2011-12 & 2012-13 4. THE REGISTRY IS DIRECTED TO FIX THE APPEALS FOR HEARING BEFORE REGULAR BENCH ON 16/01/2020, WHICH HAS BEEN FIXED AFTER DUE CONSULTATION WITH BOTH THE REPRESENTATIVE AND THEREFORE, SEPARATE NOTICE O F HEARING IS DISPENSED WITH. 5. BOTH THE APPLICATIONS STAND ALLOWED IN TERMS OF OUR ABOVE ORDER. ORDER PRONOUNCED IN THE OPEN COURT 20 TH DECEMBER, 2019. SD/- SD/- (PAWAN SINGH) (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.