XYLON ELETRO TECHNIC P. LTD, V. DCIT CIR 3(3),

MA 477/MUM/2010

• Counselvise Citation: [2010] 123 COUNSELVISE.COM (IT) 4972 (ITAT-MUMBAI)
• Duration Of Justice: 1 month(s) 18 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 17-09-2010
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: G
• Assessment Year: 2004-2005
• Appeal Filed On: 29-07-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SUMIT KUMAR
• Assessee Lawyers: S VENKATRAMA N

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH H, MUMBAI BEFORE SHRI A.L. GEHLOT, A.M. AND SHRI R.S. PADVEKA R, J.M. M.A. NO. 477/M/10 (IN ITA NO. 2862/M/08 ASSESSMENT YEAR: 2004-05) M/S XYLON ELECTRO TECHNIC PVT. LTD., AP PLICANT (FORMERLY KNOWN AS XYLON HOLDINGS PVT. LTD.,) A-491, 3 RD PASTA LANE, COLABA, MUMBAI 400 005 VS. DY. COMMISSIONER OF INCOME TAX, RESPONDEN T CIRCLE 3(3), MUMBAI. APPLICANT BY : MR. S. VENKATRAMAN RESPONDENT BY : MR. SUMIT KUMAR ORDER PER A.L. GEHLOT, A.M.: THIS MISCELLANEOUS APPLICATION FILED BY THE ASSESSE E ARISES OUT OF THE ORDER OF ITAT G BENCH, MUMBAI BENCHES, MUMBAI, IN APPEAL ITA NO. 2862/M/2008 DATED 29 TH JULY, 2010, WHICH WAS PASSED EX-PARTE BY THE ITAT. THE ASSESSEE IN THE MA , BESIDES MENTIONING THE REASONS FOR NOT ATTENDING THE HEARIN G OF HIS CASE, REQUESTED THAT NON ATTENDANCE ON THE DATE OF HEARIN G WAS OUT OF INADVERTENCE AND NOT AS THE ASSESSEE DISINTERESTED IN PROSECUTION OF APPEAL. 2. WE HAVE HEARD THE LEARNED COUNSEL OF THE ASSESSE E AND THE LEARNED DR IN THE MATTER. IN VIEW OF THE ABOVE THAT THE ASSESSEE IS INTERESTED IN PROSECUTING ITS APPEAL, THEREFORE, TH E ORDER OF THE ITAT (SUPRA) IS RECALLED. THE REGISTRY IS DIRECTED TO FIX THE APPEAL ON 24.11.2010 FOR HEARING AND ADJUDICATING THE APPEAL ON MERITS, WHICH IS ANNOUNCED IN THE OPEN COURT. MA NO. 477/M/10 M/S XYLON ELECTRO TECHNIC PVT. LTD. 2 3. IN THE RESULT, THE MISCELLANEOUS APPEAL FILED BY THE ASSESSEE IS ALLOWED AS INDICATED ABOVE. PRONOUNCED IN THE OPEN COURT ON 17 TH SEPTEMBER, 2010. SD/- SD/- (R.S. PADVEKAR) (A.L. GEHLO T) JUDICIAL MEMBER ACCOUNTANT MEMB ER DATED: 17 TH SEPTEMBER, 2010 COPY TO:- 1) THE APPELLANT. 2) THE RESPONDENT. 3) THE CIT (A) CONCERNED. 4) THE CIT CONCERNED. 5) THE DEPARTMENTAL REPRESENTATIVE, G BENCH, I.T .A.T., MUMBAI. BY ORDER //TRUE COPY// ASST. REGISTRAR, I.T.A.T., MUMBAI. KV