RASIKLAL B DODIA, V. ACIT 20(2),

MA 468/MUM/2010

• Counselvise Citation: [2010] 123 COUNSELVISE.COM (IT) 4964 (ITAT-MUMBAI)
• Duration Of Justice: 1 month(s) 25 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 17-09-2010
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: D
• Assessment Year: 2001-2002
• Appeal Filed On: 22-07-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH: MUMBAI BEFORE SHRI J. SUDHAKAR REDDY, ACCOUNTANT MEMBER AND SHRI R.S. PADVEKAR, JUDICIAL MEMBER MISCELLANEOUS APPLICATION NO.468/MUM/2010 ARISING OUT OF ITA NO.3332/MUM/2007 FOR AY 2001-02 SHRI RASIKALAL B. DODIA, C/O. INDIPS SHAPE WIRE IND., 8 APURVA INDUSTRIAL ESTATE, 88, MAKWANA ROAD, MAROL NAKA, ANDHERI (EAST), MUMBAI -400 059 APPLICANT VS ACIT 20(2), MUMBAI ..RESPONDENT PAN: AAAPD 5039 N APPLICANT BY: SHRI N.M. PORWAL RESPONDENT BY: SHRI D. SONGATE O R D E R PER R.S. PADVEKAR, JM THIS MISCELLANEOUS APPLICATION (MA) IS FILED AGAINS T THE EX-PARTE ORDER OF THE TRIBUNAL DATED 29TH APRIL 2010 IN ITA NO.3332/M UM/2007, DISMISSING THE ASSESSEES APPEAL IN LIMINE . 2. WE HAVE HEARD THE PARTIES AND PERUSED THE RELEVA NT MATERIAL ON RECORD. WE ARE SATISFIED WITH THE REASONS FOR NON-ATTENDANC E OF THE ASSESSEE ON THE DATE WHEN THE APPEAL WAS FIXED FOR HEARING. AS SUCH WE ARE OF THE CONSIDERED MA 468/M/2010 SHRI RASIKALAL B. DODIA 2 OPINION THAT THE EX-PARTE ORDER PASSED IN ITA NO.3332/MUM/2007 FOR AY 2001- 02 DESERVES TO BE RECALLED, WHICH IS FIXED AND RECA LLED FOR HEARING 26TH OCTOBER 2010. THE NEXT DATE OF HEARING IS PRONOUNCED IN TH E OPEN COURT AND BOTH THE PARTIES HAVE TAKEN NOTE OF THE SAME. NO SEPARATE N OTICE OF HEARING WILL BE ISSUED. WE ORDER ACCORDINGLY. 3. IN THE RESULT, MISCELLANEOUS APPLICATION IS ALLO WED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS DAY OF 17TH SEPTEMBER, 2010. SD/- SD/- ( J. SUDHAKAR REDDY ) ACCOUNTANT MEMBER ( R.S. PADVEKAR ) JUDICIAL MEMBER MUMBAI, DATE: 17TH SEPTEMBER 2010 COPY TO:- 1) THE APPLICANT. 2) THE RESPONDENT. 3) THE CCIT (A) -XX, MUMBAI. 4) THE CIT XX, MUMBAI. 5) THE D.R. D BENCH, MUMBAI. BY ORDER / / TRUE COPY / / ASSTT. REGISTRAR I.T.A.T., MUMBAI CHAVAN* MA 468/M/2010 SHRI RASIKALAL B. DODIA 3 SR.N. EPISODE OF AN ORDER DATE INITIALS CONCERNED 1 DRAFT DICTATED ON 03.08.2010 SR.PS 2 DRAFT PLACED BEFORE AUTHOR 06.08.2010 SR.PS 3 DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER JM/AM 4 DRAFT DISCUSSED/APPROVED BY SECOND MEMBER JM/AM 5 APPROVED DRAFT COMES TO THE SR.PS/PS SR.PS/PS 6 KEPT FOR PRONOUNCEMENT ON SR.PS/PS 7 FILE SENT TO THE BENCH CLERK SR.PS/PS 8 DATE ON WHICH FILE GOES TO THE HEAD CLERK 9 DATE OF DISPATCH OF ORDER