METRO CONSTRUCTION CO., V. DCIT CEN CIR 25,

MA 579/MUM/2011

• Counselvise Citation: [2012] 123 COUNSELVISE.COM (IT) 8196 (ITAT-MUMBAI)
• Duration Of Justice: 4 month(s) 23 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 04-05-2012
• Appeal Filed By: Assessee
• Bench Allotted: J
• Assessment Year: 2008-2009
• Appeal Filed On: 12-12-2011
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL J BENCH: MUMBAI BEFORE SHRI R.S. SYAL, ACCONTANT MEMBER AND R.S. PADVEKAR, JUDICIAL MEMBER MA NO.579/MUM/2011 ARISING OUT OF ITA NO.4027/MUM/2010 FOR A.Y. 2008-0 9 METRO CONSTRUCTION CO., E-3/1:2, SECTOR-1, VASHI, NAVI MUMBAI ....... APPLICANT VS DY. COMMISSIONER OF INCOME-TAX CENTRAL CIRCLE -25, 4TH FLOOR, AAYAKAR BHAVAN, M.K. ROAD, MUMBAI ..... RESPONDENT PAN: AAJFM 6028 R APPLICANT BY: MS. SNEHA R. SARBHUSHAN RESPONDENT BY: MR. V.V. SHASTRI DATE OF HEARING: 04.05.2012 DATE OF PRONOUNCEMENT: 04.05.2012 O R D E R PER R.S. PADVEKAR, JM THIS MISC. APPLICATION IS FILED BY THE ASSESSEE UND ER RULE 24 OF THE INCOME-TAX APPELLATE TRIBUNAL RULES, 1962 WITH A PRAYER TO RECALL THE ORDER OF THE TRIBUNAL IN ITA NO.4072/MUM/2010 D ATED 29.09. 2011. 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 ASSESSEE H AD ENGAGED THE COUNSEL AND ALSO DUE LETTER OF AUTHORITY WAS GIVEN BUT THE REASONS BEST KNOWN TO THEM NO APPLICATION FOR ADJOURNMENT W AS FILED. IT IS PLEADED THAT IN THE INTEREST OF JUSTICE THE ORDER M AY BE RECALLED AND MAS 503/M/2011 MR. KETAN V. PAREKH 2 THE ASSESSEE MAY BE GIVEN OPPORTUNITY OF BEING HEAR D. WE HAVE HEARD THE LD. D.R. THE ASSESSEE HAS ALSO FILED AN AFFIDA VIT WHICH IS ALSO CONSIDERED. CONSIDERING THE REASONS GIVEN BY THE A SSESSEE, WE RECALL OUR ORDER IN ITA NO.4072/M/2010 DATED 29.09.2011. THE REGISTRY IS DIRECTED TO FIX THE APPEAL FOR HEARING ON MERIT ON 04.06.2012. NO SEPARATE NOTICE OF THE HEARING WILL BE ISSUE TO PAR TIES AND DATE FIXED FOR THE HEARING IS INFORMED TO BOTH THE PARTIES IN THE OPEN COURT. 3. IN THE RESULT, M.A. IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 4TH MAY, 2012 . SD/- ( R.S. SYAL ) ACCOUNTANT MEMBER SD/- ( R.S. PADVEKAR ) JUDICIAL MEMBER MUMBAI, DATE: 4TH MAY, 2012 COPY TO:- 1) THE APPLICANT. 2) THE RESPONDENT. 3) THE CIT (A)C.II, MUMBAI, 4) THE CIT- C.II, MUMBAI. 5) THE D.R. J BENCH, MUMBAI. BY ORDER / / TRUE COPY / / ASSTT. REGISTRAR I.T.A.T., MUMBAI *CHAVAN