SUMIT SECURITIES LTD, V. ASST CIT SP RG 7,

MA 5/MUM/2014

• Counselvise Citation: [2014] 124 COUNSELVISE.COM (IT) 1908 (ITAT-MUMBAI)
• Duration Of Justice: 2 month(s) 27 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 04-04-2014
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: H
• Assessment Year: 1998-1999
• Appeal Filed On: 08-01-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: DR K B DESAI
• Section: 6

Judgement Text

INCOME TAX APPELLATE TRIBUNAL,MUMBAI - H BENCH. . , , BEFORE S/SH. D. MANMOHAN, VICE-PRESIDENT & SHRI RAJENDRA,ACCOUNTANT MEMBER (MA NO.05/MUM/2014-ARISING OUT OF ITA NO. 78 1/MUM/2011-ASSESSMENT YEAR 1998-99) SUMMIT SECURITIES LTD. (SUCCESSOR TO M.S, BRABOURNE ENTERPRISES LTD. FORMERLY KNOWN AS M.S. RPG LIFE SCIENCES LTD.) 463, CEAT MAHAL, DR. A.B.ROAD, WORLI, MUMBAI-400030 PAN: AABCR5446H VS. ACIT- 7(2), MUMBAI. ( !' / APPELLANT ) ( #$!' / RESPONDENT ) APPELLANT BY : DR. K.B.DESAI RESPONDENT BY : SMT. NEERAJA PRADHAN % & '( ) / DATE OF HEARING : 04-04-2014 * +, '( ) / DATE OF PRONOUNCEMENT : 04-04-2014 -. / O R D E R PER RAJENDRA, A.M. VIDE ITS MISCELLANEOUS APPLICATION (MA), FILED ON 0 8.01.2014,ASSESSEE-COMPANY HAS REQUESTED TO RESTORE THE APPEAL THAT WAS DISMISSED BY THE TRI BUNAL ON 30.09.2013. ON THAT DATE NOBODY HAD APPEARED BEFORE THE TRIBUNAL NOR WAS ANY APPLICATIO N FOR ADJOURNING THE CASE WAS FILED. 2 . ASSESSEE HAS FILED AFFIDAVITS OF SHRI KRISH B. DE SAI, CHARTERED ACCOUNTANT (CA) AND MS. MAINA R. SANCHETI, ARTICLE CLERK OF K.P.DESAI, DATE D 24.12.2013. IN THE AFFIDAVITS IT HAS BEEN MENTIONED THAT MAINA R. SANCHETI WAS ON LEAVE FROM 16 TH SEPTEMBER 2013 TO 29 TH OCTOBER 2013, THAT OUT OF INADVERTENCE SHE HAD NOT HANDED OVER TH E RELEVANT DOCUMENTS IN RELATION TO THE APPEAL OF THE ASSESSEE TO THE C.A. CONCERNED, THAT DATE OF HEARING WAS NOT KNOWN TO THE C.A., THAT ASSESSEE HAD FILED PAPER BOOK AND AUTHORITY LETTER BEFORE THE TRIBUNAL, THAT ASSESSEE WAS INTERESTED IN DECIDING THE APPEAL ON MERITS, THAT O RDER PASSED BY THE TRIBUNAL ON 30 TH SEPTEMBER 2013 SHOULD BE RECALLED. 3 . BEFORE US, AUTHORISED REPRESENTATIVE (AR) MADE TH E SUBMISSIONS THAT ARE THE PART OF THE M.A. AND THE AFFIDAVITS FILED BEFORE US. WE HAVE HEARD T HE SUBMISSIONS OF THE ASSESSEE AND PERUSED THE MATERIAL BEFORE US, INCLUDING THE AFFIDAVITS. AFTER CONSIDERING THE SAME, WE ARE OF THE OPINION THAT THERE WAS SUFFICIENT REASON FOR THE ASSESSEE F OR NOT APPEARING BEFORE THE TRIBUNAL ON 30 TH SEPTEMBER 2013. AS THE ASSESSEE WAS PREVENTED BY RE ASONABLE CAUSE FOR ITS NON-APPEARANCE, SO IN THE INTEREST OF JUSTICE, WE ARE RECALLING OUR SA ID ORDER. REGISTRY IS DIRECTED TO FIX THE CASE FOR HEARING BY THE REGULAR BENCH ON 12.06.2014. AS THE PARTIES HAD BEEN INFORMED ABOUT THE NEXT DATE OF HEARING, SO NO FRESH NOTICE WILL BE ISSUED IN THIS REGARD. AS A RESULT, M.A. FILED BY THE ASSESSEE-COMPANY STANDS ALLOWED. /,)0 1 2/) 3 4 FD;K X;K FD;K X;K FD;K X;K FD;K X;K FOFO/K VKOSNU FOFO/K VKOSNU FOFO/K VKOSNU FOFO/K VKOSNU '5) F ' ;K ) K 6 S . ORDER PRONOUNCED IN THE O PEN COURT ON 4 TH APRIL, 2014. -. '( * +, % 7 8 ' 4 VIZSY VIZSY VIZSY VIZSY ,201 4 ' '( 9& : MA NO. 05/MUM/2014(ARISING OUT OF ITA NO. 781/MUM/ 2011) SUMMIT SECURITIES LTD. 2 SD/- SD/- ( . / D.MANMOHAN) ( / RAJENDRA) / VICE-PRESIDENT / ACCOUNTANT MEMBER %;& / MUMBAI, 8 ' /DATE: 04.04.2014 SK -. -. -. -. '( '('( '( #1)1< #1)1< #1)1< #1)1< =<+) =<+) =<+) =<+) / COPY OF THE ORDER FORWARDED TO : 1. ASSESSEE / !' 2. RESPONDENT / #$!' 3. THE CONCERNED CIT(A)/ ;> -' -%? , 4. THE CONCERNED CIT / ;> -' -%? 5. DR H BENCH, ITAT, MUMBAI / <@9 #1)1 12 , ,, ,P PP P A , - . . . %;& 6. GUARD FILE/ 9 B& $<) #1) //TRUE COPY// -. % / BY ORDER, / ' ' DY./ASST. REGISTRAR -' 12', , %;& /ITAT, MUMBAI