MEDISPRAY LABS P. LTD., V. DCIT CEN CIR 2,

MA 479/MUM/2011

• Counselvise Citation: [2012] 123 COUNSELVISE.COM (IT) 7837 (ITAT-MUMBAI)
• Duration Of Justice: 5 month(s) 13 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 02-03-2012
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2007-2008
• Appeal Filed On: 19-09-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: DINESH JAIN
• Keywords: Reasonable cause

Judgement Text

M MM MA A A A 479/MUM/2011 479/MUM/2011 479/MUM/2011 479/MUM/2011 (ITA NO. 2664/MUM/2010) (ASST YEAR 2007-08) IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI MUMBAI MUMBAI MUMBAI B BB B BENCH BENCH BENCH BENCH MUMBAI BENCHES, MUMBAI MUMBAI BENCHES, MUMBAI MUMBAI BENCHES, MUMBAI MUMBAI BENCHES, MUMBAI BEFORE BEFORE BEFORE BEFORE SHRI SHRI SHRI SHRI R S SYAL , R S SYAL , R S SYAL , R S SYAL , AM AMAM AM & & & & SHRI SHRI SHRI SHRI VIJAY PAL RAO, JM VIJAY PAL RAO, JM VIJAY PAL RAO, JM VIJAY PAL RAO, JM MISCELLANEOUS APPLICATION NO. 479/MUM/2011 MISCELLANEOUS APPLICATION NO. 479/MUM/2011 MISCELLANEOUS APPLICATION NO. 479/MUM/2011 MISCELLANEOUS APPLICATION NO. 479/MUM/2011 ARISING OUT OF ITA NO. 2664/MUM/2010 (ASST YEAR 2007-08) M/S MEDISPRAY LABS P LTD 12 GUNBOW ST, FORT MUMBAI VS THE DY COMMR OF INCOME TAX\ CEN CIR 2 MUMBAI ( (( (APP APP APP APPLICANT LICANT LICANT LICANT ) )) ) (RESPONDENT) (RESPONDENT) (RESPONDENT) (RESPONDENT) PAN NO. PAN NO. PAN NO. PAN NO. AAACM5143B AAACM5143B AAACM5143B AAACM5143B ASSESSEE BY SH DINESH JAIN REVENUE BY SH A K NAYAK DT.OF HEARING 2 ND MARCH 2012 DT OF PRONOUNCEMENT 2 ND MARCH 2012 ORDER ORDER ORDER ORDER PER PER PER PER VIJAY PAL RAO VIJAY PAL RAO VIJAY PAL RAO VIJAY PAL RAO, , , , JM JMJM JM THE ASSESSEE HAS FILED THIS MISCELLANEOUS APPLICATI ON WITH PRAYER TO RECALL THE ORDER OF THE TRIBUNAL IN ITA NO. 2664/MUM/2010 DATED 31 ST MAY 2011 DISMISSING THE APPEAL OF THE ASSESSEE FOR NON PROSE CUTION. 2 WE HAVE HEARD THE PARTIES AND CONSIDERED THE AV ERMENTS MADE IN THE AFFIDAVIT FILED ALONG WITH THE APPLICATION AND ARE SATISFIED THAT THERE WAS REASONABLE CAUSE FOR NON ATTENDANCE OF THE ASSESSEE OR HIS COU NSEL/A.R ON THE DATE OF HEARING. WE, THEREFORE, RECALL OUR ORDER IN ITA NO. 2664/MUM/2010 DATED 31 ST MAY 2011. 4 THE APPEAL IS FIXED FOR HEARING ON 2 ND APRIL 2012. SINCE THE DATE OF HEARING WAS PRONOUNCED IN THE OPEN COURT IN THE PRESENCE OF BOT H THE PARTIES, THEREFORE, NO M MM MA A A A 479/MUM/2011 479/MUM/2011 479/MUM/2011 479/MUM/2011 (ITA NO. 2664/MUM/2010) (ASST YEAR 2007-08) 2 SEPARATE NOTICES WILL BE ISSUED TO THE PARTIES. THE REGISTRY IS DIRECTED TO FIX THE APPEAL ACCORDINGLY FOR HEARING. 5 IN THE RESULT, THE MISCELLANEOUS APPLICATION FILE D BY THE ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT AT THE TIME OF H EARING I.E 2 ND MARCH 201 SD/ SD/- ( (( ( R S SYAL R S SYAL R S SYAL R S SYAL ) )) ) ACCOUNTANT MEMBER ( (( ( VIJAY PAL RAO VIJAY PAL RAO VIJAY PAL RAO VIJAY PAL RAO ) )) ) JUDICIAL MEMBER PLACE: MUMBAI : DATED: 2 ND MAR 2012 RAJ* RAJ* RAJ* RAJ* COPY FORWARDED TO: 1 APPELLANT 2 RESPONDENT 3 CIT 4 CIT(A) 5 DR /TRUE COPY/ BY ORDER DY /AR, ITAT, MUMBAI