NINE INTERNAITONAL SECURITIES, V. ITO WD 3(2)(3),

MA 720/MUM/2009

• Counselvise Citation: [2010] 123 COUNSELVISE.COM (IT) 4511 (ITAT-MUMBAI)
• Duration Of Justice: 4 month(s) 23 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 26-03-2010
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: C
• Assessment Year: 2001-2002
• Appeal Filed On: 03-11-2009
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: S K MADHUK

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH C : MUMBAI BEFORE SHRI D.K. AGARWAL, (JM) AND SHRI B. RAMAKO TAIAH ,(AM) M.A. NO.720/MUM/2009 ARISING OUT OF ITA NO.5902/MUM/2005 ASSESSMENT YEAR :2001-02 NINE INTERNATIONAL SECURITIES PRIVATE LIMITED 401/402, DALAMAL TOWERS NARIMAN POINT MUMBAI-400 021. ..( APPLICANT ) P.A. NO. (AAACA 9446 R) VS. INCOME TAX OFFICER-3(2)(3) MUMBAI. ..( RESPONDENT ) APPLICANT BY : SHR I SAMEER DALAL RESPONDENT BY : SHRI S .K. MADHUK O R D E R PER D.K. AGARWAL (JM). THIS MISCELLANEOUS PETITION FILED BY THE ASSESSEE IS DIRECT ED AGAINST THE ORDER DATED 16.12.2008 PASSED BY THE TRIB UNAL IN ITA NO.5902/MUM/2005 FOR THE ASSESSMENT YEAR 2001-02. 2. THE APPLICANT VIDE ITS PETITION DATED 26.9.2009 SUP PORTED BY AN AFFIDAVIT DATED 4.3.2010 OF SHRI VIJAY M. WADHWA, D IRECTOR OF THE COMPANY INTERALIA STATED THAT : MA NO.720/M/09 A.Y:01-02 2 5. I STATE THAT WE HAD NOT RECEIVED ANY NOTICE FROM THE HONBLE TRIBUNAL FIXING THE DATE OF HEARING OF THE SAID APPEAL ON 8.12.2008, HENCE WE WERE NOT AWARE O F THE SAID APPEAL BEEN FIXED FOR HEARING ON 8.12.200 8 BEFORE THE HONBLE TRIBUNAL. IT WAS, THEREFORE, PRAYED THAT THE EXPARTE ORDER PASSE D 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 16.12.2008 PASSED BY THE TRIBUNAL IS RECALL ED. PARTIES ARE TO APPEAR WITHOUT WAITING FOR ANY NOTICE ON 8.6.201 0 AS ANNOUNCED IN THE OPEN COURT. 5. IN THE RESULT, THE MISCELLANEOUS APPLICATION STANDS ALL OWED. ORDER PRONOUNCED IN THE OPEN COURT ON 26.3.2010. SD/- SD/- (B. RAMAKOTAIAH) ( D.K. AGARWAL ) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI, DATED: 26.3.2010. JV. MA NO.720/M/09 A.Y:01-02 3 COPY TO: THE APPELLANT THE RESPONDENT THE CIT, CONCERNED, MUMBAI THE CIT(A) CONCERNED, MUMBAI THE DR BENCH TRUE COPY BY ORDER DY/ASSTT. REGISTRAR, ITAT, MUMBAI. DETAILS DATE INITIALS DESIGNATION 1 DRAFT DICTATED ON 19.3.10 SR.PS/PS 2 DRAFT PLACED BEFORE AUTHOR 22.3.10 SR.PS/PS 3 DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER JM/AM 4 DRAFT DISCUSSED/APPROVED BY SECOND MEMBER JM/AM 5. APPROVED DRAFT COMES TO THE SR.PS/PS SR.PS/PS 6. KEPT FOR PRONOUNCEMENT ON 26.3.2010 SR.PS/PS 7. FILE SENT TO THE BENCH CLERK 29.3.2010 SR.PS/PS 8 DATE ON WHICH THE FILE GOES TO THE HEAD CLERK 9 DATE OF DISPATCH OF ORDER