HARESH N. PATEL, V. ACIT CEN CIR 13,

MA 481/MUM/2010

• Counselvise Citation: [2012] 123 COUNSELVISE.COM (IT) 8164 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 8 month(s) 14 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 12-04-2012
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: H
• Assessment Year: 2006-2007
• Appeal Filed On: 29-07-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: A K NAYAK
• Assessee Lawyers: SANJAY R PARIKH

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH H, MUMBAI BEFORE SHRI J. SUDHAKAR REDDY, A.M. AND SHRI V. DUR GA RAO, J.M. M.A. NO. 481/MUM/2010 (IN ITA NO. 4016/M/2009 ASSESSMENT YEAR: 2006-07) SHRI HARESH N. PATEL, APPLICANT A-1202, PRESIDENT PARK, SECTOR 29, VASHI, NAVI MUMBAI 400 706 (PAN ABAPP6691F) VS. ASSTT. COMMISSIONER OF INCOME-TAX, RESPONDENT CENTRAL CIRCLE 13, AAYAKAR BHAVAN, M.K. ROAD, MUMBAI 400 020 APPLICANT BY : MR. SANJAY R. PARIKH RESPONDENT BY : MR. A.K. NAYAK ORDER PER V. DURGA RAO, J.M.: THIS MISCELLANEOUS APPLICATION FILED BY THE ASSESSE E ARISES OUT OF THE ORDER OF ITAT H BENCH, MUMBAI BENCHES, MUMBAI, IN APPEAL ITA NOS. 4016 & 4017/MUM/2009, DATED 27 TH APRI, 2010, WHICH WAS PASSED EX-PARTE BY THE ITAT. THE ASSESSEE IN THE MA, BESIDES MENTIONING THE REASONS FOR NOT ATTENDING TH E HEARING OF HIS CASE, REQUESTED THAT NON ATTENDANCE ON THE DATE OF HEARING WAS OUT OF INADVERTENCE AND NOT AS THE ASSESSEE DISINTEREST ED 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, THE ORDER OF THE ITAT (SUPRA) IS RECALLED. THE REGISTRY IS DIRECTED TO FIX THE APPE AL ON 21/05/2012 FOR HEARING AND ADJUDICATING THE APPEAL ON MERITS. M.A. NO. 481/MUM/10 HARESH N. PATEL 2 3. IN THE RESULT, THE MISCELLANEOUS APPEAL FILED BY THE ASSESSEE IS ALLOWED AS INDICATED ABOVE. PRONOUNCED IN THE OPEN COURT ON 12/04/2012. SD/- SD/- (J. SUDHAKAR REDDY) (V. DU RGA RAO) ACCOUNTANT MEMBER JUDI CIAL MEMBER MUMBAI, DATED: 12/04/2012. KV COPY TO:- 1) THE APPELLANT. 2) THE RESPONDENT. 3) THE CIT (A) CONCERNED. 4) THE CIT CONCERNED. 5) THE DEPARTMENTAL REPRESENTATIVE, H BENCH, I.T .A.T., MUMBAI. BY ORDER //TRUE COPY// ASST. REGISTRAR, I.T.A.T., MUMBAI.