AKANSHA HOMES P.LTD, MUMBAI V. ITO 5(1)(1), MUMBAI

MA 465/MUM/2019

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 7563 (ITAT-MUMBAI)
• Duration Of Justice: 5 month(s) 3 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 20-01-2020
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2010-2011
• Appeal Filed On: 16-08-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: KAMAL MANGAL
• Assessee Lawyers: S S PHADKAR; KALPESH TUVALKAR

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, MUMBAI BEFORE SHRI SHAMIM YAHYA , ACCOUNTANT MEMBER AND SHRI SAKTIJIT DEY , JUDICIAL MEMBER M A NO. 4 65 /MUM./201 9 (ARISING OUT OF ITA NO.1077/MUM/2016) (ASSESSMENT YEAR: 20 1 0 - 1 1 ) M/S. AKANSHA HOMES P. LTD. AMBIKA NIWAS, CHS OPP. 8 NO. SOCIETY NEAR GANESH MANDIR VERSOVA, MUMBAI 400 053 PAN: AAHCA2510K . APPELLANT V/S ITO 5(1)(1) R.NO.570, 5 TH FLOOR AAYAKAR BHAVAN M.K.ROAD MUMBAI 400 020 . RESPONDENT ASSESSEE BY : SHRI. S.S. PHADKAR & SHRI KALPESH TUVALKAR REVENUE BY : SHRI. KAMAL MANGAL DATE OF HEARING 17/01/2020 DATE OF ORDER - 20 / 0 1/2020 O R D E R PER: SHAMIM YAHYA BY WAY OF THIS MISCELLANEOUS APPLICATION, ASSESSEE SEEKS RECALL OF THE ORDER OF THIS TRIBUNAL IN ITA NO.1077/MUM/2016 FOR A.Y.2010 - 11 IN THE ORDER DATED 16/04/2018. M A NO. 465/MUM/2019 M/S. AKANSHA HOMES PVT. LTD 2 2. THE ABOVE APPEAL WAS DISPOSED OFF WITHOUT ANY REPRESENTATION FROM THE ASSESSEE. NOW, B Y WAY OF THIS AFFIDAVIT, ASSESSEE HAD SUBMITTED THAT ASSESSEE HAD NOT RECEIVED THE NOTICE OF HEARING, HENCE, IT HAS BEEN PLEADED THAT IN THE INTEREST OF JUSTICE, THE SAID ORDER SHOULD BE RECALLED AND ASSESSEE SHOULD BE GRANTED AN OPPORTUNITY FOR HEARING. U PON CAREFUL CONSIDERATION, WE ARE INCLINED TO RECALL THE AFORESAID EXPARTE ORDER OF THE TRIBUNAL IN TERMS OF ITAT RULES. THE REGISTRY IS DIRECTED TO FIX THE CASE FOR THE HEARING IN THE NORMAL COURSE. 3. IN THE RESULT, MISCELLANEOUS APPLICATION IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 2 0 .0 1 .20 20 SAKTIJIT DEY SHAMIM YAHYA JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI, DATED: 2 0 .01.2020 COPY OF THE ORDER FORWARDED TO : ( 1 ) THE ASSESSEE; ( 2 ) THE REVENUE; ( 3 ) THE CIT(A); ( 4 ) THE CIT, MUMBAI CITY CONCERNED; ( 5 ) THE DR, ITAT, MUMBAI; ( 6 ) GUARD FILE. BY ORDER KARUNA SR. PRIVATE SECRETARY (DY./ASSTT.REGISTRAR) ITAT, MUMBAI