USHA TUES & PIPES P. LTD, V. ITO WD 2(30(4),

MA 55/MUM/2010

• Counselvise Citation: [2010] 119 COUNSELVISE.COM (IT) 3841 (ITAT-MUMBAI)
• Duration Of Justice: 4 month(s) 6 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 04-06-2010
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: F
• Assessment Year: 2004-2005
• Appeal Filed On: 28-01-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: AMOL KAMAT

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES I: MUMBAI BEFORE SHRI D MANMOHAN, HONBLE VICE PRESIDENT AND R S SYAL, ACCOUNTANT MEMBER MISCELLANEOUS APPLICATION 55/MUM/2010 ARISING OUT OF ITA NO.2150/MUM/08, AY 2004-05 USHA TUBES & PIPES PRIVATE LTD, B-2, BHAGIRATHI SMRUTI, SUBHASH ROAD, VILE PARLE(E), MATUNGA, MUMBAI -400 057 PAN: AAACU 4259 N VS INCOME TAX OFFICER WARD 2(3)(4), AAYAKAR BHAVAN, MUMBAI -400 020 (APPLICANT) (RESPONDENT) APPLICANT BY : NONE RESPONDENT BY : SHRI AMOL KAMAT ORDER PER D.MANMOHAN, V.P. 1. BY THIS APPLICATION, ASSESSEE SEEKS RECALL OF T HE ORDER PASSED BY THE ITAT I BENCH, MUMBAI ON THE GROUND. 2. HAVING REGARD TO THE REASONS STATED IN THE APPL ICATION, WE ARE OF THE VIEW THAT THE ASSESSEE HAS SUFFICIENT CA USE FOR NON-APPEARANCE ON THE FIXED DATE OF HEARING. IN EXERCISE OF THE P OWERS VESTED UNDER RULE 24 OF THE APPELLATE TRIBUNAL RULES, UPON HEARING LE ARNED DEPARTMENTAL REPRESENTATIVE, WE RECALL THE ORDER DATED 1 ST JUNE 2009 AND DIRECT THE REGISTRY TO FIX THE APPEAL FOR FRESH HEARING ON 26. 7.2010. SINCE THE DATE WAS ANNOUNCED IN THE OPEN COURT, REGISTRY IS DIRECT ED NOT TO ISSUE NOTICES TO THE RESPECTIVE PARTIES. MA 55/M/2010 USHA TUBES & PIPES PRIVATE LTD 2 3. IN THE RESULT, AS PRONOUNCED IN THE OPEN COURT, THE MISCELLANEOUS APPLICATION FILED BY THE ASSESSEE IS ALLOWED. SD/- SD/- (R S SYAL) (D MANMOHAN) ACCOUNTANT MEMBER VICE PRESIDENT MUMBAI, DATE 4 TH JUNE, 2010. COPY TO 1. THE APPLICANT. 2. THE RESPONDENT. 3. THE CIT (A)-XXX, MUMBAI. 4. THE CIT-2, MUMBAI. 5. DR I BENCH 6. GUARD FILE. *CHAVAN BY ORDER / / TRUE COPY / / ASST. REGISTRAR, ITAT, MUMBAI BENCHES MUMBAI MA 55/M/2010 USHA TUBES & PIPES PRIVATE LTD 3 SNO DATE INITIALS 1 DRAFT DICTATED ON 04-06-2010 SR.P.S. 2. DRAFT PLACED BEFORE AUTHOR 04-06-2010 SR.P.S. 3. DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER A.M. 4. DRAFT DISCUSSED/APPROVED BY SECOND MEMBER A.M 5. APPROVED DRAFT COMES TO THE SR.PS/PS SR.P.S. 6. KEPT FOR PRONOUNCEMENT ON SR.P.S. 7. FILE SENT TO THE BENCH CLERK SR.P.S. 8. DATE ON WHICH FILE GOES TO THE HEAD CLERK 9. DATE OF DISPATCH OF ORDER