MEHTA JAISING CONSTRUCITON, V. ASST CIT 19(1),

MA 498/MUM/2010

• Counselvise Citation: [2011] 123 COUNSELVISE.COM (IT) 6065 (ITAT-MUMBAI)
• Duration Of Justice: 5 month(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 07-01-2011
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2003-2004
• Appeal Filed On: 06-08-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES B : MUMBAI BEFORE SHRI D. MANMOHAN, VICE PRESIDENT AND SHRI B.RAMAKOTAIAH, ACCOUNTANT MEMBER M.A.NO. 498/MUM/2010 ARISING OUT OF ITA. NO. 5995/MUM/2008 ASSESSMENT YEAR 2004-2005 MEHTA JAISING CONSTRUCTION MUMBAI PAN AAATM6413F VS. THE ACIT 19 (1) MUMBAI (APPLICANT (RESPONDENT) FOR APPLICANT : SHRI SAMEER G. DALAL FOR RESPONDENT : SHRI SHRAVAN KUMAR (DR) ORDER PER D. MANMOHAN, V.P. 1. AGAINST AN EXPARTE ORDER PASSED BY THE ITAT, B BENCH, MUMBAI ASSESSEE FILED MISCELLANEOUS APPLICATION SEE KING RECALL OF THE ORDER ON THE GROUND THAT THE APPLICANT WAS NOT AWAR E OF THE NOTICE FIXING THE DATE OF HEARING OF THE APPEAL. 2. WE HAVE HEARD THE LEARNED DR ALSO IN THIS REGAR D AND CAREFULLY PERUSED THE RECORD. SINCE WE ARE SATISFIE D WITH THE REASONS GIVEN BY THE APPLICANT FOR HIS NON-APPEARANCE ON TH E DATE FIXED FOR HEARING, IN EXERCISE OF THE POWERS VESTED IN US UND ER RULE 24 OF THE APPELLATE TRIBUNAL RULES, WE HEREBY RECALL THE ORDE R DATED 7 TH SEPTEMBER, 2009 AND DIRECT THE REGISTRY TO FIX THE APPEAL FOR FRESH FINAL HEARING ON 23/3/2011. SINCE BOTH THE PARTIES WERE INFORMED OF THE DATE OF HEARING, THERE IS NO NEED TO THE REGIST RY TO ISSUE A FRESH NOTICE. 3. IN THE RESULT, M.A. FILED BY THE ASSESSEE IS AL LOWED. 2 M.A.NO. 498/MUM/2010 MEHTA JAISING CONSTRUCTION ORDER PRONOUNCED IN THE OPEN COURT, ON THIS THE 07 TH DAY OF JANUARY, 2011. SD/- SD/- (B.RAMAKOTAIAH) (D.MANMOHAN) ACCOUNTANT MEMBER VICE PRESIDENT MUMBAI, DATE 07 TH JANUARY, 2011 VBP/- COPY TO 1. MEHTA JAISING CONSTRUCTION, 398, KIRTI KUNJ, 14 TH ROAD KHAR (WEST), MUMBAI 400052 PAN AAATM6413F 2. THE ACIT, CIRCLE 19 (1), PIRAMAL CHAMBERS, LALBA UG, MUMBAI-012 3. CIT(A)-XX, MUMBAI 4. CIT-19, MUMBAI 5. DR B BENCH 6. GUARD FILE (TRUE COPY) BY ORDER ASST. REGISTRAR, ITAT, MUMBAI BENCHES MUMBAI.