OPTIMA SECURITIES INDIA P. LTD, V. ASST CIT 4(2),

MA 677/MUM/2010

• Counselvise Citation: [2011] 123 COUNSELVISE.COM (IT) 6051 (ITAT-MUMBAI)
• Duration Of Justice: 2 month(s) 10 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 28-01-2011
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Assessment Year: 2004-2005
• Appeal Filed On: 18-11-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S K SINGH
• Assessee Lawyers: SAMEER G DALAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH C : MUMBAI BEFORE SHRI D.K. AGARWAL, (JM) AND SHRI PRAMOD KU MAR,(AM) MA NO.677/MUM/2010 ARISING OUT OF ITA NO.560/MUM/2009 ASSESSMENT YEAR: 2004-05 OPTIMA SECURITIES INDIA PRIVATE LIMITED M/S. GANDHI & ASSOCIATES CHARTERED ACCOUNTANTS, 2 ND FLOOR, VOLTAS INTERNATIONAL HOUSE, 28 G.N. VAIDYA MARG, FORT MUMBAI-400 001. ..( APPLICANT ) P.A. NO. (AAACO 1911 B) VS. ASSTT. COMMISSIONER OF INCOME TAX -4(2) AAYAKAR BHAVAN MUMBAI. ..( RESPONDENT ) APPLICANT BY : SHRI SAMEER G. DALAL RESPONDENT BY : SHRI S.K . SINGH O R D E R PER D.K. AGARWAL (JM). THIS MISCELLANEOUS APPLICATION FILED BY THE ASSESSEE IS DIRE CTED AGAINST THE ORDER DATED 25.5.2010 PASSED BY THE TRIBU NAL IN ITA NO. 560/MUM/2009 FOR THE ASSESSMENT YEAR 2004-05. MA NO.677/M/10 A.Y:04-05 2 2. THE APPLICANT SHRI UMESH GUPTA VIDE HIS PETITION DA TED 5.11.2010 SUPPORTED BY AN AFFIDAVIT DATED 6.1.2011 I NTERALIA STATED ON OATH THAT : 6. I SAY THAT AS THE BENCH WAS NOT FUNCTIONING ON 28.01.2010, THE ASSESSEE COMPANY WAS UNDER BONA FID E IMPRESSION THAT A FRESH NOTICE WOULD BE ISSUED TO I T FOR THE NEXT DATE AND, THEREFORE, NO INQUIRY WAS MADE W ITH THE REGISTRY OF THE TRIBUNAL FOR THE NEXT DATE OF H EARING. 7. I SAY THAT IT WAS UNDER THESE CIRCUMSTANCES AS T HE ASSESSEE COMPANY WAS NOT AWARE OF THE SUBSEQUENT DATES OF HEARING, NO ONE COULD ATTEND THE HEARING O N BEHALF OF THE ASSESSEE COMPANY ON 25.05.2010 AND TH E, THE APPEAL CAME TO BE DISPOSED OFF EX-PARTE BY THE HONBLE TRIBUNAL. IT WAS, THEREFORE, PRAYED THAT THE EXPARTE ORDER PASSED BY THE TRIBUNAL BE RECALLED. 3. AT THE TIME OF HEARING THE LD. COUNSEL FOR THE ASSE SSEE SUBMITS THAT FOR THE REASONS MENTIONED IN ASSESSEES APPLICATION, THE EXPARTE ORDER PASSED BY THE TRIBUNAL BE RECALLED WHICH WAS NOT O BJECTED TO BY THE LD. DEPARTMENTAL REPRESENTATIVE. 4. WE HAVE CAREFULLY CONSIDERED THE SUBMISSIONS OF THE RI VAL PARTIES AND PERUSED THE MATERIAL AVAILABLE ON RECORD. AFTER HAVING SATISFIED ABOUT THE REASONS SUBMITTED BY THE ASSESSEE AND CONSIDERING THE FACTS AND CIRCUMSTANCES OF THE CASE, WE ARE OF THE VIEW THAT THE RE WAS SUFFICIENT CAUSE FOR NON APPEARANCE OF THE ASSESSEE OR HIS A UTHORIZED REPRESENTATIVE ON THE DATE OF HEARING AND ACCORDINGLY THE EXPARTE ORDER DATED 25.5.2010 PASSED BY THE TRIBUNAL IS RECALLE D. PARTIES ARE TO APPEAR WITHOUT WAITING FOR ANY NOTICE ON 16.03.20 11 AS ANNOUNCED IN THE OPEN COURT. MA NO.677/M/10 A.Y:04-05 3 5. IN THE RESULT, THE MISCELLANEOUS APPLICATION STANDS ALL OWED. ORDER PRONOUNCED IN THE OPEN COURT ON 28.01.2011. SD/- SD/- (PRAMOD KUMAR) ( D.K. AGARWAL ) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI, DATED: 28.01.2011. JV. COPY TO: THE APPLICANT THE RESPONDENT THE CIT, CONCERNED, MUMBAI THE CIT(A) CONCERNED, MUMBAI THE DR BENCH TRUE COPY BY ORDER DY/ASSTT. REGISTRAR, ITAT, MUMBAI.