SINDOORI TRADERS P. LTD, V. ITO 8(3)(2),

MA 596/MUM/2011

• Counselvise Citation: [2012] 123 COUNSELVISE.COM (IT) 9118 (ITAT-MUMBAI)
• Duration Of Justice: 7 month(s) 13 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 03-08-2012
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: E
• Assessment Year: 2003-2004
• Appeal Filed On: 20-12-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: K G KUTTY
• Assessee Lawyers: RAKESH MILWANI

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH E, MUMBAI BEFORE SHRI D. MANMOHAN,VICE PRESIDENT AND SHRI P.M.JAGTAP, ACCOUNTANT MEMBER M.A. NO. 596/MUM/2011 (ITA NO. 771/MUM/2009) ASSESS MENT YEAR : 2003-04. M/S SINDOORI TRADERS PVT. LTD., THE INCOME-TAX OFFICER, 301A, SOLARIS 1, VS. 8(3)-2, MUMBAI. SAKHI VIHAR ROAD, ANDHERI (E), MUMBAI 72. PAN : AAACS6166Q APPLICANT. RESPONDENT. APPLICANT BY : SHRI RAKESH MILWANI. RESPONDENT BY: S HRI K.G. KUTTY. O R D E R PER P.M. JAGTAP, A.M. : BY THIS MISCELLANEOUS APPLICATION, THE ASSESSEE I S SEEKING RECALL OF THE ORDER OF THE TRIBUNAL DATED 13-12-2010 PASSED EXPARTE IN ITA NO. 771/MUM/2009 ON THE GROUND THAT THERE WAS A MIS-COMMUNICATION ABOUT THE DATE OF HEARING BY THE ARTICLED CLERK OF THE FIRM OF AUTHORIZED REPRESENTA TIVE OF THE ASSESSEE WHICH RESULTED IN ITS NON APPEARANCE ON THE DATE OF HEARI NG FIXED ON 13-12-2010. KEEPING IN VIEW THIS SUBMISSION MADE BY THE ASSESSEE IN ITS PRESENT APPLICATION WHICH HAS BEEN FURTHER REITERATED BY ITS AUTHORIZED REPRESENT ATIVE AT THE TIME OF HEARING, WE ARE SATISFIED THAT THE NON APPEARANCE OF THE ASSESS EE AT THE TIME OF HEARING OF ITS 2 M.A.NO.596/MUM/2011 APPEAL ON 13-12-2010 WAS FOR SUFFICIENT CAUSE. WE, THEREFORE, RECALL THE ORDER OF THE TRIBUNAL DATED 13-12-2010 (SUPRA) PASSED EXPART E, KEEPING IN VIEW THE PROVISO TO RULE 24 OF APPELLATE TRIBUNAL RULES, 1963 AND RE STORE THE APPEAL OF THE ASSESSEE TO ITS ORIGINAL NUMBER. THE REGISTRY IS DIRECTED TO FIX THE SAME FOR FRESH HEARING ON 06-12-2012 AS PRONOUNCED IN THE OPEN COURT AND TAKE N NOTE OF BY THE REPRESENTATIVES OF BOTH THE SIDES. 2. IN THE RESULT, THE MISCELLANEOUS APPLICATION OF THE ASSESSEE IS ALLOWED. ORDER PRONOUNCED ON THIS 3 RD DAY OF AUGUST, 2012. SD/- SD/- (D. MANMOHAN) (P.M. JAGTAP) VICE PRESIDENT ACCO UNTANT MEMBER MUMBAI, DATED: 3 RD AUGUST, 2012 WAKODE COPY TO : 1. APPLICANT. 2. RESPONDENT 3. C.I.T. 4. CIT(A) 5. DR,E-BENCH. (TRUE COPY) BY ORDE R ASSTT. REGISTRAR, ITAT, MUMBAI BEN CHES, MUMBA I.