BHARAT V . DEDHIA, V. ASST CIT CEN CIR 15 &16,

MA 61/MUM/2012

• Counselvise Citation: [2012] 123 COUNSELVISE.COM (IT) 8752 (ITAT-MUMBAI)
• Duration Of Justice: 5 month(s) 13 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 20-07-2012
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: H
• Assessment Year: 2004-2005
• Appeal Filed On: 06-02-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: SAMEER G DALAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI H BENCH MUMBAI BENCHES, MUMBAI BEFORE SHRI VIJAY PAL RAO, JM & SDHRI N K BILLAIYA, AM MISCELLANEOUS APPLICATIONS NOS.59,60 & 61/MUM/2012 ARISING OUT OF ITA NOS. 4753 TO 4755/MUM/2009 (ASST YEARS 2003-04 TO 2004-05 ) SHRI BHARAT V DEDHIA 341/6 LILA NIWAS CHANDAWARKER CROSS ROAD MATUNGA, MUMBAI 19 VS THE ASST COMMR OF INCOME TAX CEN CIR 15 & 16 MUMBAI (APPLICANT) (RESPONDENT) PAN NO. AABPD4229K ASSESSEE BY SH SAMEER G DALAL REVENUE BY SH C G K NAIR DT.OF HEARING 20 TH JULY 2012 DT OF PRONOUNCEMENT 20 TH JULY 2012 PER VIJAY PAL RAO, JM THE ASSESSEE HAS FILED THESE MISCELLANEOUS APPLICAT IONS WITH PRAYER TO RECALL THE ORDER OF THE TRIBUNAL IN ITA NOS 4753 TO 4755/MUM/2009 DATED 17 TH MARCH 2011 DISMISSING THE APPEAL OF THE ASSESSEE FO R NON PROSECUTION. 2 WE HAVE HEARD THE PARTIES AND CONSIDERED THE AV ERMENTS MADE IN THE AFFIDAVIT FILED BY THE ASSESSEE AS WELL AS THE CHAR TERED ACCOUNTANT ALONG WITH THE APPLICATION AND ARE SATISFIED THAT THERE WAS REASON ABLE CAUSE FOR NON ATTENDANCE OF THE ASSESSEE OR HIS COUNSEL/A.R ON THE DATE OF H EARING. WE, THEREFORE, RECALL OUR ORDER IN ITA NOS 4753 TO 4755/MUM/2009 DATED 17 TH MARCH 2011. 4 THE APPEALS ARE FIXED FOR HEARING ON 20 TH SEPT 2012. SINCE THE DATE OF HEARING WAS PRONOUNCED IN THE OPEN COURT IN THE PRESENCE OF BOTH THE PARTIES, THEREFORE, NO SEPARATE NOTICES WILL BE ISSUED TO THE PARTIES. THE REGISTRY IS DIRECTED TO FIX THE APPEALS ACCORDINGLY FOR HEARING. SHRI BHARAT V DEDHIA MA NOS.59 TO 61/MUM/2012 2 5 IN THE RESULT, THE MISCELLANEOUS APPLICATIONS FIL ED BY THE ASSESSEE ARE ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT AT THE TIME OF H EARING I.E 20 TH JULY 2012 SD/ SD/- ( N K BILLAIYA ) ACCOUNTANT MEMBER ( VIJAY PAL RAO ) JUDICIAL MEMBER PLACE: MUMBAI : DATED: 20 TH , JULY 2012 RAJ* COPY FORWARDED TO: 1 APPELLANT 2 RESPONDENT 3 CIT 4 CIT(A) 5 DR /TRUE COPY/ BY ORDER DY /AR, ITAT, MUMBAI