RAMESH KUMAR JAWANMALJI SAKARIA, MUMBAI V. INCOME TAX OFFICER 19(3)(1), MUMBAI

MA 684/MUM/2018

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 8806 (ITAT-MUMBAI)
• Duration Of Justice: 4 month(s) 9 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 05-04-2019
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2010-2011
• Appeal Filed On: 26-11-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: GANESH BARI LD

Judgement Text

- IN THE INCOME TAX APPELLATE TRIBUNAL SMC BENCH, MUMBAI BEFORE SHRI SAKTIJIT DEY, JM AND SHRI MANOJ KUMAR AGGARWAL, AM MA NO.684/MUM/2018 ARISING OUT OF I.T.A. NO.1817/MUM/2018 ( / ASSESSMENT YEAR:2010-11) RAMESH KUMAR JAWANMALJI SAKARIA 13, MOTI MANSON 5 TH KHETWADI LANE GRANT ROAD, MUMBAI-400 004 / VS. INCOME TAX OFFICER - 19(3)(1) ROOM NO.219,2 ND FLOOR MATRU MANDIR, GRANT ROAD MUMBAI- 400 007 ./ ./PAN/GIR NO. ACUPJ-3255-E ( ' # /APPELLANT ) : ( $%# / RESPONDENT ) ASSESSEE BY : NONE REVENUE BY : GANESH BARI, LD. DR / DATE OF HEARING : 05/04/2019 / DATE OF PRONOUNCEMENT : 05/04/2019 / O R D E R PER MANOJ KUMAR AGGARWAL (ACCOUNTANT MEMBER) 1. BY WAY OF THIS APPLICATION, THE ASSESSEE SEEKS RECA LL OF EX-PARTE TRIBUNAL ORDER ITA NO.1817/MUM/2018 DATED 22/06/201 8. NONE HAS APPEARED FOR ASSESSEE AT THE TIME OF HEARING OF THI S APPLICATION ALSO. THE PERUSAL OF ORDER SHEET ENTRIES REVEALS THAT THE ASS ESSEE FAILED TO APPEAR FOR HEARING ON EARLIER OCCASION ALSO. THE HEARING N OTICE SENT AT THE ADDRESS PROVIDED BY THE ASSESSEE HAS RETURNED BACK UNDELIVERED AND ITA.NO.1817/MUM/2018 RAMESH KUMAR JAWANMALJI SAKARIA ASSESSMENT YEAR- 2010-11 2 THERE IS NO INTIMATION OF ANY CHANGE IN ADDRESS. LE FT WITH NO OPTION, WE PROCEED TO DISPOSE-OFF THE SAME AS PER THE APPLICAT ION AND AFTER HEARING LD. DR WHO SUBMITTED THAT THE ORDER UNDER QUESTION DID NOT REQUIRE ANY INTERFERENCE, IN ANY MANNER. 2. UPON PERUSAL OF APPLICATION, IT TRANSPIRES THAT THE ASSESSEE IS SEEKING RECALL OF THE ORDER MERELY ON THE GROUND TH AT THE ASSESSEE WAS NOT AWARE OF THE DATE OF HEARING. HOWEVER, THERE IS NOTHING ON RECORD TO SUBSTANTIATE THE AFORESAID FACT. THEREFORE, THE PLE A COULD NOT BE ACCEPTED. 3. FINDING NO MISTAKE IN THE ORDER, WE DISMISS THE APPLICATION. ORDER PRONOUNCED IN THE OPEN COURT ON 05 TH APRIL, 2019. SD/- SD/- (SAKTIJIT DEY) (MANOJ KUMAR AGGARWAL) / JUDICIAL MEMBER / ACCOUNTANT MEMBER MUMBAI; DATED : 05/04/2019 SR.PS:- JAISY VARGHESE ! / COPY OF THE ORDER FORWARDED TO : 1. ' # / THE APPELLANT 2. $%# / THE RESPONDENT 3. ( ' ) / THE CIT(A) 4. / CIT CONCERNED 5. $- , ' - , / DR, ITAT, MUMBAI 6. ./ / GUARD FILE / BY ORDER, / (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI.