LOTUS INVESTMENTS LTD, V. ACIT CEN CIR 13,

MA 553/MUM/2010

• Counselvise Citation: [2013] 124 COUNSELVISE.COM (IT) 0987 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 10 month(s) 17 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 02-08-2013
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: G
• Assessment Year: 2006-2007
• Appeal Filed On: 15-09-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: STANY SALDANHA
• Keywords: Reasonable cause

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCH G, MUMBAI BEFORE SHRI I.P.BANSAL, JUDICIAL MEMBER & SHRI D.KARUNAKARA RAO, ACCOUNTANT MEMBER M.A.NO.553 /MUM/2010 (ARISING OUT OF ITA NO.4701/MUM/2009,A.Y.2006-07) M/S.LOTUS INVESTMENTS LTD., 1, ANUP SUN BEAM CO. OP. HSG. SOC., JUHU VERSOVA LINK ROAD, ANDHERI (W), MUMBAI -400053 PAN:AAACL 6350M (APPLICANT) VS. THE ACIT, CEN. CIR.13, MUMBAI 400020 (RESPONDENT) APPLICANT BY : SHRI STANY SALDANHA RESPONDENT BY : NONE DATE OF HEARING : 02/08/2013 DATE OF PRONOUNCEMENT : 02 /08/2013 ORDER PER I.P.BANSAL, J.M: VIDE THE ABOVE MISCELLANEOUS APPLICATION THE ASSES SEE IS SEEKING RECALL OF THE ORDER PASSED BY THE TRIBUNAL DATED 23/7/2010 IN RESPECT OF ITA NO.4701/MUM/2009 FOR ASSESSMENT YEAR 2006-07. IT MAY BE MENTIONED HERE THAT ITA NO.4700 & 4701/MUM/2009 RELATING TO ASSESS MENT YEARS 2003-04 AND 2006-07 RESPECTIVELY WERE DISMISSED BY A CONSO LIDATED ORDER DATED 23/07/2010 FOR NON-ATTENDANCE OF THE ASSESSEE. TH E ASSESSEE FILED TWO MISCELLANEOUS APPLICATIONS I.E. 552/MUM/2010 AND 55 3/MUM/2010. IN MA NO.552/MUM/2010 FOR ASSESSMENT YEAR 2003-04 THE ORD ER WAS RECALLED ON 29/10/2010, COPY OF THE ORDER HAS BEEN PLACED ON RECORD. MA NO.553 /MUM/2010 2 2. IN THIS VIEW OF THE SITUATION, AFTER HEARING THE ASSESSEE, WE FOUND THAT FOR ASSESSMENT YEAR 2003-04 ASSESSEE HAS BEEN HELD TO B E PREVENTED BY REASONABLE CAUSE FOR NON ATTENDANCE IN THE AFOREMEN TIONED ORDER DATED 29/10/2010. APPEAL FOR ASSESSMENT YEAR 2006-07 W AS ALSO DISPOSED OF BY THE SAME ORDER, THEREFORE, FOR ASSESSMENT YEAR 2006 -07 ALSO THE SAME REASON WILL BE APPLICABLE. ACCORDINGLY, WE RECALL THE OR DER IN RESPECT OF 2006-07 ALSO. APPEAL FOR ASSESSMENT YEAR 2006-07 (ITA NO.4701/MUM /2009) SHALL BE FIXED FOR HEARING AFRESH IN DUE COURSE. WE DIRECT ACCORD INGLY. 3. IN THE RESULT, THE MISCELLANEOUS APPLICATION IS ALLOWED IN THE MANNER AFORESAID. ORDER PRONOUNCED IN THE OPEN COURT ON TH E 2 ND DAY OF AUGUST, 2013 SD/- SD/- ( D.KARUNAKARA RAO ) (I.P.BANSAL) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI, DATED 2 ND AUGUST, 2013 COPY TO: 1. THE APPLICANT 2. THE RESPONDENT 3. THE CIT CITY CONCERNED 4. THE CIT(A)- CONCERNED 5. THE D.RG BENCH. (TRUE COPY) BY ORDER ASST. REGISTRAR, I TAT, MUMBAI BENCHES MUMBAI. VM. `