Appeal details
Counselvise Citation
[2019] 111 COUNSELVISE.COM (IT) 5837 (ITAT-MUMBAI)
Assessee PAN
Bench
Appeal Number
Duration Of Justice
1 month(s) 29 day(s)
Appellant
Respondent
Appeal Type
Miscellaneous Application
Pronouncement Date
14-10-2019
Appeal Filed By
Assessee
Order Result
Allowed
Bench Allotted
C
Assessment Year
2012-2013
Appeal Filed On
16-08-2019
Judgement Text
T HE INCOME TAX APPELLATE TRIBUNAL C BENCH, MUMBAI BEFORE SHRI SHAMIM YAHYA ( A M) & SHRI RAVISH SOOD (JM) M.A. NO. 466/MUM/2019 ARISING OUT OF I.T.A. NO. 2491 /MUM/ 201 7 (ASSESSMENT YEAR 20 12 - 1 3 ) M/S. PRABHAT TELECOM (INDIA)LTD. 402, WESTERN EDGE - 1 WESTERN EXPRESS HIGHWAY BORIVALI EAST, MUMBAI - 400 066. PAN : AAECP2288G V S . DCIT, CIRCLE 13(1)(2) 2 ND FLOOR, R.NO. 218 AAYAKAR BHAVAN M.K. ROAD MUMBAI - 400 020. ( APPELLANT ) ( RESPONDENT ) ASSESSEE BY SHRI GAURAV KABRA DEPARTMENT BY SHRI VODAL R AJ SINGH DATE OF HEARING 11. 10 . 201 9 DATE OF PRONOUNCEMENT 14 . 10 . 201 9 O R D E R PER SHAMIM YAHYA (AM) : - BY WAY OF THIS MISCELLANEOUS APPLICATION ASSESSEE SEEKS RECALL OF THE EX - PARTE ORDER OF THIS TRIBUNAL IN ITA NO. 2491 /MUM/2017 FOR A.Y. 201 2 - 1 3 VIDE ORDER DATED 26.2 .2019. 2. IN THIS APPLICATION I T IS THE SUBMISSION OF THE ASSESSEE THAT NOTICE FIXING THE CASE FOR HEARING WAS NOT RECEIVED BY THE ASSESSEE. HENCE, ASSESSEE HAS NO KNOWLEDGE OF THE DATE OF HEARING HENCE IT HAD BEEN PLEADED THA T THE ORDER MAY BE RECALLED AND THE ASSESSEE MAY BE GIVEN AN OPPORTUNITY TO CANVAS THE APPEAL. 3. UPON CAREFUL CONSIDERATION , WE ARE INCLINED TO ACCEPT THE REASONABLE CAUSE SUBMITTED BY THE ASSESSEE FOR NON - APPEARING ON THE DATE OF HEARING. ACCORDINGLY, WE RECALL THE AFORESAID EX - PARTE ORDER OF THE ITAT IN THE INTEREST OF JUSTICE . THE REGISTRY IS DIRECTED TO FIX THE CASE FOR HEARING IN NORMAL COURSE. M/S. PRABHAT TELECOM (INDIA) LTD. 2 4. IN THE RESULT, MISCELLANEOUS APPLICATION STANDS ALLOWED. ORDER HAS BE EN PRONOUNCED IN THE COURT ON 14 . 10 . 201 9 . SD/ - SD/ - ( RAVISH SOOD ) (SH A MIM YAHYA ) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI ; DATED : 14 / 10 / 20 1 9 COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT(A) 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE. BY ORDER, //TRUE COPY// ( ASSISTANT REGISTRAR ) PS ITAT, MUMBAI \
