VIPIN CHINUBHAI INVESTMENTS PVT. LTD, V. ASST. CIT CIR 5(3),

MA 488/MUM/2010

• Counselvise Citation: [2010] 123 COUNSELVISE.COM (IT) 5301 (ITAT-MUMBAI)
• Duration Of Justice: 1 month(s) 30 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 01-10-2010
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: F
• Assessment Year: 2005-2006
• Appeal Filed On: 02-08-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: D SONGATE

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH H, MUMBAI BEFORE SHRI D. MANMOHAN, V.P. AND SHRI A.L. GEHLOT, A.M. M.A. NO. 488/M/10 (IN ITA NO. 5972/M/09 ASSESSMENT YEAR: 2005-06) M/S VIPIN CHINUBHAI INVESTMENTS PVT. LTD., APPLICANT 12, KALPAVRUKSHA APARTMENTS, 27, BG KHER MARG, MUMBAI 400 006 (PAN AABCV 0608 B) VS. THE ASSTT. COMMISSIONER OF INCOME-TAX, RESPONDE NT CIRCLE 5(3), AAYAKAR BHAVAN, M.K. ROAD, MUMBAI 400 020. APPLICANT BY : MR. HITEN VASANT RESPONDENT BY : MR. D. SONGATE ORDER PER A.L. GEHLOT, A.M.: THIS MISCELLANEOUS APPLICATION FILED BY THE ASSESSE E ARISES OUT OF THE ORDER OF ITAT F BENCH, MUMBAI BENCHES, MUM BAI, IN APPEALS ITA NOS. 5972/M/2009 DATED 29 TH JUNE, 2010, WHICH WAS PASSED EX- PARTE BY THE ITAT. THE ASSESSEE IN THE MA, BESIDES MENTIONING THE REASONS FOR NOT ATTENDING THE HEARING OF HIS CASE, REQUESTED THAT NON ATTENDANCE ON THE DATE OF HEARING WAS OUT OF INADVE RTENCE 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 F IX THE APPEAL ON ITA NO. 488/MUM/2010 M/S VIPIN CHINUBHAI INVESTMENTS PVT. LTD. 2 23.12.2010 FOR HEARING AND ADJUDICATING THE APPEAL ON MERITS, WHICH IS ANNOUNCED IN THE OPEN COURT. 3. IN THE RESULT, THE MISCELLANEOUS APPEAL FILED BY THE ASSESSEE IS ALLOWED AS INDICATED ABOVE. PRONOUNCED IN THE OPEN COURT ON 1 ST OCTOBER, 2010. SD/- SD/- (D. MANMOHAN) (A.L. GEHLOT) VICE PRESIDENT ACCOUNTANT MEMBER DATED: 1 ST OCTOBER, 2010 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. KV