TEAM ONE ARCHITECTS (I) P. LTD, V. DCIT 10(3),

MA 63/MUM/2013

• Counselvise Citation: [2013] 124 COUNSELVISE.COM (IT) 0661 (ITAT-MUMBAI)
• Duration Of Justice: 4 month(s) 7 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 21-06-2013
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: E
• Assessment Year: 2005-2006
• Appeal Filed On: 13-02-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Reasonable cause

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI E BENCH MUMBAI BENCHES, MUMBAI BEFORE SHRI RAJENDRA SINGH, AM & SHRI VIJAY PAL R AO, JM MISCELLANEOUS APPLICATION NO. 63/MUM/2013 (ARISING OUT OF ITA NO. 4041/MUM/2011, A.Y. 2005-06) TEAM ONE ARCHITECTS(INDIA) PVT. LTD. LEVEL 3A, WINGH AMBA BHAVAN, PLOT NO.29, SION CIRCLE, SION (E) MUMBAI-22 VS DY. COMMISSIONER OF INCOME TAX 10(3), MUMBAI. (APPLICANT) (RESPONDENT) PAN NO. AABCT4295Q ASSESSEE BY MR. BHUPENDRA SHAH REVENUE BY MR. RAJARSHI DWIVEDY DT.OF HEARING 21 ST JUNE2013 DT OF PRONOUNCEMENT 21 ST JUNE 2013 ORDER PER VIJAY PAL RAO, JM THE ASSESSEE HAS FILED THIS MISCELLANEOUS APPLICATI ON WITH PRAYER TO RECALL THE ORDER OF THE TRIBUNAL DATED 06/06/2012 I N ITA NO. 4041/MUM/2011 WHEREBY THE APPEAL OF THE ASSESSEE WAS DISMISSED FO R NON PROSECUTION. 2 WE HAVE HEARD THE PARTIES AND CONSIDERED THE AV ERMENTS MADE IN THE AFFIDAVIT FILED ALONG WITH THE APPLICATION. WE ARE SATISFIED THAT THERE WAS REASONABLE CAUSE FOR NON ATTENDANCE OF THE ASSESSEE OR HIS COUNSEL/A.R ON THE DATE OF HEARING WHEN THE APPEAL OF THE ASSESSEE WAS DISMISSED. WE, THEREFORE, IN MA 63/M/2013 . 2 THE INTEREST OF JUSTICE RECALL OUR ORDER DATED 06/0 6/2012 IN ITA NO. 4041/MUM/2011 AND FIXED THE APPEAL FOR HEARING ON 1 6/9/ 2013. 3. SINCE THE DATE OF HEARING WAS PRONOUNCED IN THE OPEN COURT IN THE PRESENCE OF BOTH THE PARTIES, THEREFORE, NO SEPARAT E NOTICES FOR THE HEARING OF APPEAL WILL BE ISSUED TO THE PARTIES. THE REGISTRY IS DIRECTED TO FIX THE APPEAL ACCORDINGLY FOR HEARING. 4. IN THE RESULT, THE MISCELLANEOUS APPLICATION FIL ED BY THE ASSESSEE IS ALLOWED. ORDER PRONOUNCEMENT IN THE OPEN COURT AT THE TIME OF HEARING I.E. ON 21 ST JUNE 2013 SD/- SD/- (RAJENDRA SINGH) ACCOUNTANT MEMBER (VIJAY PAL RAO) JUDICIAL MEMBER PLACE: MUMBAI : DATED: 21 ST JUNE 2013 SUBODH COPY FORWARDED TO: 1 APPELLANT 2 RESPONDENT 3 CIT 4 CIT(A) 5 DR /TRUE COPY/ BY ORDER DY /AR, ITAT, MUMBAI