RECON OIL INDUSTRIES P LTD, V. ASST CIT 8(3),

MA 459/MUM/2013

• Counselvise Citation: [2014] 124 COUNSELVISE.COM (IT) 1666 (ITAT-MUMBAI)
• Duration Of Justice: 2 month(s) 17 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 05-03-2014
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: D
• Assessment Year: 2006-2007
• Appeal Filed On: 19-12-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 6

Judgement Text

INCOME TAX APPELLATE TRIBUNAL,MUMBAI - D BENCH. . , , BEFORE S/SH. D. MANMOHAN, VICE-PRESID ENT & SHRI RAJENDRA,ACCOUNTANT MEMBER MA NO.459/MUM/2013 (ARISING OUT OF ITA NO. 7880/MUM/2011) ASSESSMENT YEAR 2006-07 M/S RECON OIL INDUSTRIES PVT. LTD. 5, CHUNAWALA ESTATE, KONDIVITTA ROAD, J.B.NAGAR, ANDHERI(E) MUMBAI-400059 PAN: AAACR7566F VS. ACIT 8(3) AAYAKAR BHAVAN, IIND FLOOR, CHURCHGATE, MUMBAI-400021 ( !' / APPELLANT ) ( #$!' / RESPONDENT ) APPELLANT BY : SHRI VIMAL PUNMIYA RESPONDENT BY : SHRI M.L.PERUMAL % & '( ) / DATE OF HEARING : 28-02-2014 * +, '( ) / DATE OF PRONOUNCEMENT : 05-03-2014 -. / O R D E R PER RAJENDRA, A.M. VIDE ITS MISCELLANEOUS APPLICATION, DATED 19.12.201 3 , ASSESSEE-COMPANY HAS SUBMITTED THAT IT HAD FILED AN APPEAL BEFORE THE TRIBUNAL RAISING FOUR GROUNDS OF APPEAL, THAT THE TRIBUNAL HAD DISPOSED OFF THE APPEAL BY AN EX-PARTE ORDER FOR NON-APPEARA NCE ON THE DATE OF HEARING I.E. ON 5 TH SEPTEMBER, 2013 (ITA NO.7880/MUM/2011-AY-2006-07). AFFIDAVITS OF AFZAL KHALIQ AHMED(DIRECTOR OF THE CO MPANY),SAMIR K BHATT,(EMPLOYEE OF THE COMPANY)AND VIMAL PUNAMIYA(CA),ALL DATED 27.11.2013 ,HAVE BEEN FILED ALONG WITH THE APPLICATION.IT HAS BEEN STATED IN THE AFFIDAVITS TH AT VIMAL PUNAMIYA WAS APPOINTED AUTHORIZED REPRESENTATIVE TO JOINTLY REPRESENT THE ASSESSEE BE FORE THE TRIBUNAL,THAT ON 05.09.2013 IQBAL HINGORA,CA WAS OUT OF STATION,THAT POWER OF ATTORNE Y COULD NOT BE PRODUCED DURING THE COURSE OF HEARING BY VIMAL PUNAMIYA THOUGH HE WAS PRESENT IN THE COURT,THAT IN ABSENCE OF POA MATTER WAS NOT ADJOURNED AND WAS DECIDED EX-PARTE,THAT MATTER SHOULD BE RECALLED OTHERWISE IT WOULD CAUSE GREAT HARDSHIP TO THE ASSESSEE-COMPANY.DURING THE C OURSE OF HEARING BEFORE US, AUTHORISED REPRESENTATIVE(AR) MADE THE SAME SUBMISSIONS WHICH WERE MENTIONED IN THE AFFIDAVITS THE DIRECTOR OF THE COMPANY. 2 .WE HAVE HEARD THE SUBMISSIONS OF THE AR AND PERUSE D THE MATERIAL BEFORE US. WE ARE OF THE OPINION THAT MATTER SHOULD BE REHEARD AND SHOULD BE DECIDED ON MERITS. REGISTRY IS DIRECTED TO FIX THE HEARING ON 21.04.2014,SO THAT MATTER COULD BE H EARD BY THE REGULAR BENCH. AS BOTH THE PARTIES HAVE BEEN INFORMED ABOUT THE NEXT DATE OF HEARING I N THE COURT, SO NO FRESH NOTICE WILL BE ISSUED. AS A RESULT, RECALLING OUR EARLIER ORDER WE ALLOW T HE MISCELLANEOUS APPLICATION FILED BY THE ASSESSEE-COMPANY. /,)0 /,)0 /,)0 /,)0 1 2/) 1 2/) 1 2/) 1 2/) DAIUH DAIUH DAIUH DAIUH 3 4 4 4 4 FD;K X;K FD;K X;K FD;K X;K FD;K X;K FOFO/K FOFO/K FOFO/K FOFO/K VKOSNU VKOSNU VKOSNU VKOSNU '5) '5) '5) '5) F FF F ' '' ' ;K ;K ;K ;K ) ) ) ) K KK K 6 6 6 6 S SS S . MA NO. 459/MUM/2013(ARISING OUT OF ITA NO. 7880/MU M/2011) M/S RECON OIL INDUSTRIES PVT. LTD. 2 ORDER PRONOUNCED IN THE O PEN COURT ON 5 TH MARCH, 2014. -. '( * +, % 7 8 ' 5 EKPZ EKPZ EKPZ EKPZ ,201 4 ' '( 9& : SD/- SD/- ( . / D.MANMOHAN) ( / RAJENDRA) / JUDICIAL MEMBER / ACCOUNTANT MEMBER %;& / MUMBAI, 8 ' /DATE: 05.03.2014 SK -. -. -. -. '( '('( '( #1)1< #1)1< #1)1< #1)1< =<+) =<+) =<+) =<+) / COPY OF THE ORDER FORWARDED TO : 1. ASSESSEE / !' 2. RESPONDENT / #$!' 3. THE CONCERNED CIT(A)/ ;> -' -%? , 4. THE CONCERNED CIT / ;> -' -%? 5. DR D BENCH, ITAT, MUMBAI / <@9 #1)1 12 A , - . . . %;& 6. GUARD FILE/ 9 B& $<) #1) //TRUE COPY// -. % / BY ORDER, / ' ' DY./ASST. REGISTRAR -' 12', , %;& /ITAT, MUMBAI