Appeal details
Counselvise Citation
[2011] 123 COUNSELVISE.COM (IT) 6668 (ITAT-MUMBAI)
Assessee PAN
Bench
Appeal Number
Duration Of Justice
7 month(s) 3 day(s)
Appellant
Respondent
Appeal Type
Miscellaneous Application
Pronouncement Date
27-07-2011
Appeal Filed By
Assessee
Order Result
Dismissed
Bench Allotted
B
Assessment Year
misc
Appeal Filed On
24-12-2010
Judgement Text
IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI B BENCH BEFORE SHRI T.R.SOOD, ACCOUNTANT MEMBER & SHRI VIJAY PAL RAO, JUDICIAL MEMBER M.A.NO.753/M/10 A.YRS. 2004-05 & 2005-06& M.A.NOS.104 & 105/M/11 A.YRS. 2005-06 & 2004-05 [ARISING OUT OF I.T.A.NOS. 5734 & 5735/MUM/2008] M/S NVS BROKERAGE PVT. LTD., 1&1A, 34D FLOOR, BIRLA MANSION, 134, NAGINDAS MASTER ROAD, MUMBAI 400 023 PAN: AAACN 9184 H VS. INCOME TAX OFFICER, WARD 4 (2)(1), MUMBAI (APPLICANT) (RESPONDENT) APPLICANT BY : SHRI DEEPAK TRALSHAWALLA. RESPONDENT BY : SHRI M.R.KUBAL. SR. AR O R D E R PER T.R.SOOD, AM: M.A.NO.753/M/10 : THE ASSESSEE HAS FILED THIS MISCELLANEOUS APPLICATION FOR RECALLING OF THE ORDER OF THE TRIBU NAL IN I.T.A.NOS.5734 & 5735/MUM/08. WHEN IT WAS NOTICED BY THE BENCH THA T ASSESSEE WAS REQUIRED TO FILE TWO APPLICATIONS, ASSESSEE HAS MOV ED FURTHER TWO MISCELLANEOUS APPLICATIONS AS M.A.NOS.104 & 105/MUM /2011. THEREFORE THIS MISCELLANEOUS APPLICATION I.E. M.A.N O.753/M/10 HAS BECOME INFRUCTUOUS AND ACCORDINGLY SAME IS DISMISSE D. 2. IN THE RESULT, M.A.NO.753/MUM/10 IS DISMISSED. 3. M.A.NOS.104 & 105/M/11 : THROUGH THESE MISCELLANEOUS APPLICATIONS ASSESSEE HAS SOUGHT RECALLING OF THE O RDER OF THE TRIBUNAL PASSED IN I.T.A.NOS.5734 & 5735/MUM/2008. 4. THE LD. COUNSEL OF THE ASSESSEE POINTED OUT THAT THE BENCH WAS NOT FUNCTIONING ON MANY OCCASIONS AND ULTIMATELY NO TICE WAS ONLY MA NO.753,104 & 105 2 DISPLAYED THROUGH NOTICE BOARD WHICH ASSESSEE COULD NOT TAKE NOTE OF. SINCE OPPORTUNITY OF HEARING HAS BEEN DENIED TO THE ASSESSEE, THEREFORE TRIBUNALS ORDER IN I.T.A.NOS.5734 & 5735 /MUM/08 MAY BE RECALLED. 5. WE ARE SATISFIED THAT ASSESSEE HAD REASONABLE C AUSE FOR NOT ABLE TO REPRESENT HIS CASE BEFORE THE TRIBUNAL AND SINCE THE ORDER HAS BEEN DISMISSED IN LIMINE, THEREFORE, WE RECALL THE SAME. THE REGISTRY IS DIRECTED TO FIX THE HEARING OF THE APPEAL ON 29-09- 2011. ASSESSEE SHOULD TAKE NOTICE FROM THIS ORDER ITSELF. 6. IN THE RESULT, MISCELLANEOUS APPLICATIONS ARE AL LOWED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS DAY OF 2 9/7/2011. SD/- SD/- (VIJAY PAL RAO) (T.R.SOOD) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI: 29/7/2011. P/-*
