V.N. PAREKH SECURITIES P. LTD, V. ACIT CEN CIR 40,

MA 513/MUM/2009

• Counselvise Citation: [2010] 123 COUNSELVISE.COM (IT) 4966 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 1 month(s) 25 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 17-09-2010
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: G
• Assessment Year: misc
• Appeal Filed On: 23-07-2009
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL F BENCH: MUMBAI BEFORE SHRI J. SUDHAKAR REDDY, ACCOUNTANT MEMBER AND SHRI R.S. PADVEKAR, JUDICIAL MEMBER M.A. NO.513/MUM/2009 (IN ITA NOS.6876, 7047 & 7048/MUM/2007 FOR AYS 2002 -03 TO 2004-05) V.N. PAREKH SECURITIES PVT. LTD., BHUPEN CHAMBERS, GROUND FLOOR, 9, DALAL STREET, FORT, MUMBAI -400 023 APPLICANT VS ACIT C.C. 40, MUMBAI ..RESPONDENT PAN: AABCV 0547 M APPLICANT BY: SHRI RAJEEV KHANDELWAL RESPONDENT BY: SHRI J.C. DANIEL O R D E R PER R.S. PADVEKAR, JM THE APPELLANT-ASSESSEE HAS FILED THE APPLICATION U/ S.254(2) WITH THE PRAYER THAT THE ORDER PASSED BY THE TRIBUNAL IN ITA NOS.6876, 7047 & 7048/MUM/2007 FOR AYS 2002-03 TO 2004-05 DATED 20.5 .2009 MAY BE RECALLED IN WHICH ALL THE THREE APPEALS WERE DISMISSED FOR THE REASON OF NON-PROSECUTION OF THE ASSESSEE. MA 513/M/2009 V.N. PAREKH SECURITIES PVT. LTD. 2 2. WE HAVE HEARD THE PARTIES. ON THE PERUSAL OF TH E REASONS GIVEN BY THE ASSESSEE, IT APPEARS THAT THERE WAS REASONABLE CAUS E FOR NON-ATTENDANCE OF THE ASSESSEE ON THE DATE OF HEARING HENCE, WE ARE CONVI NCED THAT ORDER PASSED BY THE TRIBUNAL IN ITA NOS.6876, 7047 & 7048/MUM/2007 DATED 20.5.2009 NEEDS TO BE RECALLED TO GIVE THE OPPORTUNITY TO THE ASSESSEE OF HEARING THE APPEAL ON MERIT. WE, ACCORDINGLY, RECALL THE SAID ORDER AND FIX THE APPEAL FOR HEARING ON MERIT ON 18.11.2010. NO SEPARATE NOTICE OF HEARING WILL BE GIVEN TO THE PARTIES AS NEXT DATE OF HEARING IS PRONOUNCED IN THE OPEN C OURT. 3. IN THE RESULT, THE M.A. IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS DAY OF 1 7TH SEPTEMBER 2010. SD/- SD/- ( J. SUDHAKAR REDDY ) ACCOUNTANT MEMBER ( R.S. PADVEKAR ) JUDICIAL MEMBER MUMBAI, DATE: 17TH SEPTEMBER 2010 COPY TO:- 1) THE APPLICANT. 2) THE RESPONDENT. 3) THE CIT (A) VII, MUMBAI. 4) THE CIT CENTRAL 4, MUMBAI. 5) THE D.R. F BENCH, MUMBAI. BY ORDER / / TRUE COPY / / ASSTT. REGISTRAR I.T.A.T., MUMBAI CHAVAN* MA 513/M/2009 V.N. PAREKH SECURITIES PVT. LTD. 3 SR.N. EPISODE OF AN ORDER DATE INITIALS CONCERNED 1 DRAFT DICTATED ON 17.09.2010 SR.PS 2 DRAFT PLACED BEFORE AUTHOR 17.09.2010 SR.PS 3 DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER JM/AM 4 DRAFT DISCUSSED/APPROVED BY SECOND MEMBER JM/AM 5 APPROVED DRAFT COMES TO THE SR.PS/PS SR.PS/PS 6 KEPT FOR PRONOUNCEMENT ON SR.PS/PS 7 FILE SENT TO THE BENCH CLERK SR.PS/PS 8 DATE ON WHICH FILE GOES TO THE HEAD CLERK 9 DATE OF DISPATCH OF ORDER