SAI SHAKTI ENTERPRISES, V. ITO WD 2(4),

MA 70/MUM/2013

• Counselvise Citation: [2013] 124 COUNSELVISE.COM (IT) 0646 (ITAT-MUMBAI)
• Duration Of Justice: 4 month(s) 23 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 12-07-2013
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: E
• Next Hearing Date: 12-07-2013
• Assessment Year: 2005-2006
• Appeal Filed On: 19-02-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: JIGNESH P SHAH
• Keywords: Reasonable cause

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI E BENCH MUMBAI BENCHES, MUMBAI BEFORE SHRI R. S. SYAL, AM & SHRI VIJAY PAL RAO, JM MISCELLANEOUS APPLICATION NO. 70/MUM/2013 ( ARISING FROM ITA NO. 145/MUM/2010 ASSESSMENT YEAR 2 005-06 ) M/S SAI SHAKTI ENTERPRISES, SHIP NO. 2, BLDG. B/4, SHANTI NAGAR, SECTOR 10, MIRA ROAD, THANE VS INCOME TAX OFFICER WARD 2(4), 1 ST FLOOR, VARDAN BLDG., MIDC, WAGLE INDUSTRIAL ESTATE THANE (APPLICANT) (RESPONDENT) PAN NO. AAXFS8506L ASSESSEE BY SHRI JIGNESH P. SHAH REVENUE BY SHRI VIJAY SHANKAR DT.OF HEARING 12 TH JULY 2013 DATE OF PRONOUNCEMENT 12 TH JULY 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 11.3.2011 IN ITA NO. 145/MUM/2010 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 ASSE SSEE OR HIS COUNSEL/A.R ON THE DATE OF HEARING WHEN THE APPEAL OF THE ASSESSEE WAS DISMISSED. WE, THEREFORE, IN THE INTEREST OF JUSTIC E RECALL OUR ORDER DATED 11.3.2011 IN ITA NO. 145/MUM/2010 AND FIXED THE APP EAL FOR HEARING ON 12.8.2013. MA 70/M/2013 SAI SHAKTI ENTERPRISES . 2 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. TH E 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 PR ORDER PR ORDER PR ORDER PRONOUNCEMENT IN THE OPEN COURT ONOUNCEMENT IN THE OPEN COURT ONOUNCEMENT IN THE OPEN COURT ONOUNCEMENT IN THE OPEN COURT AT THE TIME OF HEARIN G I.E. ON AT THE TIME OF HEARING I.E. ON AT THE TIME OF HEARING I.E. ON AT THE TIME OF HEARING I.E. ON 12 1212 12 TH THTH TH JULY 2013 JULY 2013 JULY 2013 JULY 2013 SD/- SD/- (R. S. SYAL) ACCOUNTANT MEMBER ( VIJAY PAL RAO ) JUDICIAL MEMBER PLACE: MUMBAI : DATED: 12 TH JULY 2013 SUBODH. COPY FORWARDED TO: 1 APPELLANT 2 RESPONDENT 3 CIT 4 CIT(A) 5 DR /TRUE COPY/ BY ORDER DY /AR, ITAT, MUMBAI