OLYMPIA CAPITALS LTD, V. ASST CIT CIR 3(4),

MA 538/MUM/2011

• Counselvise Citation: [2012] 123 COUNSELVISE.COM (IT) 8201 (ITAT-MUMBAI)
• Duration Of Justice: 5 month(s) 26 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 11-05-2012
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: J
• Assessment Year: 1995-1996
• Appeal Filed On: 15-11-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Opportunity of being heard

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL J BENCH: MUMBAI BEFORE SHRI R.S. PADVEKAR, JUDICIAL MEMBER AND SHRI RAJENDRA SINGH, ACCOUNTANT MEMBER MA NO.538/MUM/2011 ARISING OUT OF ITA NO.2083/MUM/1999 FOR A.Y. 1995-9 6 OLYMPIA CAPITALS LTD., 11, DEWAN CENTRE, S.V. ROAD, JOGESHWARI (W), MUMBAI -400 102 ....... APPLICANT VS ACIT CIR.3(4), AAYAKAR BHAVAN, 5TH FLOOR, M.K. ROAD, MUMBAI -400 020 ..... RESPONDENT PAN: AAACO 0675 Z APPLICANT BY: SHRI RAJIV KHANDELWAL RESPONDENT BY: SHRI V.V. SHASTRI DATE OF HEARING: 11.05.2012 DATE OF PRONOUNCEMENT: 11.05.2012 O R D E R PER R.S. PADVEKAR, JM THIS MISC. APPLICATION IS FILED BY THE ASSESSEE U/S .254(2) OF THE ACT WITH A PRAYER TO RECALL THE ORDER OF THE TRIBUN AL DISMISSING THE ASSESSEES APPEAL BEING ITA NO.2083/M/1999 DATED 19 .10.2011. THE ASSESSEES APPEAL WAS DISMISSED BY THE TRIBUNAL BES IDES THE NOTICE OF HEARING BEING SENT BY THE TRIBUNAL. THE TRIBUNAL H AS OBSERVED THAT THE ASSESSEE WAS NOT SERIOUSLY INTERESTED IN PERSEC UTING ITS APPEAL FILED BEFORE THE TRIBUNAL. 2. WE HAVE HEARD THE PARTIES. THE ASSESSEES APPEA L WAS DISMISSED FOR WANT OF PROSECUTION FOR THE REASONS G IVEN IN THE ORDER. IT IS STATED IN THE APPLICATION THAT THE ASSESSEES COUNSEL HAD INADVERTENTLY NOTED I BENCH INSTEAD OF J BENCH IN HIS ENGAGEMENT MAS 538/M/2011 OLYMPIA CAPITALS LTD. 2 DIARY. MOREOVER, ON THE SAME DATE IN J BENCH HE HAD ANOTHER MATTER NAMELY, SAINATH GRANITE & MARBLES PRIVATE LTD. (ITA NO.3059/M/2010) FOR WHICH THE COUNSEL HAS SOUGHT AD JOURNMENT. HENCE IT IS PLEADED THAT IN THE INTEREST OF JUSTICE THE ORDER MAY BE RECALLED AND THE ASSESSEE MAY BE GIVEN OPPORTUNITY OF BEING HEARD. WE HAVE HEARD THE PARTIES. CONSIDERING THE REASONS GIVEN BY THE ASSESSEE, WE RECALL OUR ORDER IN ITA NO.2083/M/1999 DATED 19.10.2011. THE REGISTRY IS DIRECTED TO FIX THE AP PEAL FOR HEARING ON MERIT ON 09.07.2012. NO SEPARATE NOTICE OF THE HEA RING WILL BE ISSUED TO THE PARTIES AS DATE FIXED FOR THE HEARING IS INF ORMED TO BOTH THE PARTIES IN THE OPEN COURT. 3. IN THE RESULT, M.A. IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 11TH MAY, 201 2. SD/- ( RAJENDRA SINGH ) ACCOUNTANT MEMBER SD/- ( R.S. PADVEKAR ) JUDICIAL MEMBER MUMBAI, DATE: 11TH MAY, 2012 COPY TO:- 1) THE APPLICANT. 2) THE RESPONDENT. 3) THE CIT (A)III, MUMBAI, 4) THE CIT-CITY-III, MUMBAI. 5) THE D.R. J BENCH, MUMBAI. BY ORDER / / TRUE COPY / / ASSTT. REGISTRAR I.T.A.T., MUMBAI *CHAVAN