MIHIR H. BILAKHIA, V. ITO 25(3)(1),

MA 532/MUM/2010

• Counselvise Citation: [2011] 123 COUNSELVISE.COM (IT) 6213 (ITAT-MUMBAI)
• Duration Of Justice: 6 month(s) 10 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 11-03-2011
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: F
• Assessment Year: 2005-2006
• Appeal Filed On: 31-08-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SHRAVAN KUMAR

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES, F, MUMBAI BEFORE SHRI R V EASWAR, PRESIDENT AND SHRI T R SOOD, ACCOUNTANT MEMBER MISCELLANEOUS APPLICATION NO: 532/MUM/2010 (ARISING OUT OF I T A NO: 3828/MUM/2009) (ASSESSMENT YEAR: 2005-06) MR MIHIR H BILAKHIA, MUMBAI APPLICANT (PAN: AEZPB1087P) VS INCOME TAX OFFICER 25(3)(1), MUMBAI RESPONDENT APPLICANT BY: NONE RESPONDENT BY: SHRI SHRAVAN KUMAR O R D E R R V EASWAR, PRESIDENT: THIS MISCELLANEOUS APPLICATION HAS BEEN FILED BY T HE ASSESSEE SEEKING RECALL OF THE EX PARTE ORDER PASSE D ON 21.05.2010 DISMISSING THE ASSESSEES APPEAL FOR NON PROSECUTIO N. IT IS NOW STATED THAT THE ASSESSEE WAS NOT SERVED WITH THE HE ARING NOTICE AND, THEREFORE, COULD NOT APPEAR. WE HAVE NO REASO N TO DOUBT THE VERACITY OF THE STATEMENT. WE THEREFORE RECALL OUR EX PARTE ORDER AND DIRECT THE APPEAL TO BE POSTED FOR FRESH HEARIN G ON 18.05.2011. NOTICE BE SENT TO THE ASSESSEE BY REGISTERED POST ACKNOWLEDGEMENT DUE. ORDER PRONOUNCED IN THE OPEN COURT AT THE TIME OF HEARING ON 11 TH MARCH 2011. SD/- SD/- (T R SOOD) (R V EASWAR) ACCOUNTANT MEMBER PRESIDENT MUMBAI, DATED 11 TH MARCH 2011 SALDANHA MA NO: 532/MUM/2010 (ITA NO: 3828/MUM/2009) 2 COPY TO: 1. MR MIHIR B BILAKHIA A-502 GODS GRACE, ADARSH DUGDHALAYA COLONY OFF MARVE ROAD, MALAD (WEST) MUMBAI 400 064 2. ITO 25(3)(1), MUMBAI 3. CIT-25, MUMBAI 4. CIT(A)-XXV, MUMBAI 5. DR F BENCH TRUE COPY BY ORDER ASSTT. REGISTRAR, ITAT, MUMBAI