MULTICONSULT P.LTD, V. ITO WD 8(2)(3),

MA 501/MUM/2012

• Counselvise Citation: [2012] 123 COUNSELVISE.COM (IT) 9503 (ITAT-MUMBAI)
• Duration Of Justice: 3 month(s) 22 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 23-11-2012
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2007-2008
• Appeal Filed On: 01-08-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: JITENDRA SINGH

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH B, MUMBAI BEFORE SHRI R.S. SYAL, ACCOUNTANT MEMBER AND SHRI VIVEK VARMA, JUDICIAL MEMBER MA NO. 501/MUM/2012 (ARISING OUT OF ITA NO. 3517/MUM/2011 : A.Y. 2007-08) M/S MULTICONSULT PVT. LTD. 303/304, INDRADARSHAN BLDG. NO.18, NEXT TO TARAPORE GARDEN, ANDHERI (W) MUMBAI 400 053 PAN : AABCM 8450 A VS. INCOME TAX OFFICER 8(2)3 MUMBAI (APPLICANT) (RESPONDENT) APPLICANT BY : SHRI JITENDRA SINGH RESPONDENT BY : MS. NEERAJA PRADHAN DATE OF HEARING: 23-11-2012 DATE OF PRONOUNCEMENT: 23-11-2012 O R D E R PER VIVEK VARMA, JM: THIS MISCELLANEOUS APPLICATION (MA) WAS FILED AGAINST THE ORDER DATED 13.06.2012, WHEREIN THE APPEAL WAS DISMISSED FOR NON - PROSECUTION. AGAINST THIS ORDER, THE APPLICANT HAS COME UP WITH THIS MISCELLANEOUS PETITION SEEKING THE RECALL OF THE ORDER DATED 13.06.2012. THE APPELLANT HAS FILED AN AFFIDAVIT AND GIVEN REASO NS FOR RECALL, WHICH WE FIND TO BE REASONABLE. THE DR OBJECTED TO THE RECALL OF THE ORDER. 2. ON TAKING INTO CONSIDERATION THE AFFIDAVIT AS MENTIONED A BOVE AND FINDING WITH THE CONTENTS OF THE AFFIDAVIT BEING REASONAB LE, WE RECALL OUR ORDER DATED 13.06.2012 AND RESTORE THE APPEA L TO BE HEARD ON MERITS. THE DATE IS NOW FIXED FOR 18.12.2012. BOTH THE P ARTIES ARE INFORMED IN OPEN COURT. M/S MULTICONSULT PVT. LTD. MA NO. 501/MUM/2012 2 3. IN THE RESULT MA FILED BY THE ASSESSEE IS ALLOWED. ORDER ANNOUNCED IN THE OPEN COURT ON THIS 23 RD DAY OF NOVEMBER, 2012. SD/- ( R.S. SYAL ) ACCOUTANT MEMBER SD/- (VIVEK VARMA) JUDICIAL MEMBER MUMBAI, DATE: 23/11/2012 COPY TO:- 1) THE APPLICANT. 2) THE RESPONDENT. 3) THE CIT (A)-IV, MUMBAI. 4) THE CIT IV, MUMBAI, 5) THE D.R. B BENCH, MUMBAI. 6) COPY TO GUARD FILE. BY ORDER [ ASSTT. REGISTRAR I.T.A.T., MUMBAI RASIKA