YARDLEY INVESTMENT AND TRADING CO.P. LTD, V. DCIT (OSD) 1(1),

MA 761/MUM/2012

• Counselvise Citation: [2013] 124 COUNSELVISE.COM (IT) 0332 (ITAT-MUMBAI)
• Duration Of Justice: 5 month(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 17-05-2013
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: G
• Assessment Year: 2007-2008
• Appeal Filed On: 17-12-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S SATYA MOORTHY
• Keywords: Reasonable cause; Non compliance

Judgement Text

MA NO. 761/MUM/2012 ARISING OUT OF ITA 4223/M/2011 YARDLEY INVESTMENT AND TRADING CO. PVT LTD. IN THE INCOME TAX APPELLATE TRIBUNAL 'G' BENCH, MUMBAI BEFORE SHRI RAJENDRA SINGH, ACCOUNTANT MEMBER AND SHRI VIVEK VARMA, JUDICIAL MEMBER MA 761/MUM/ 2012 ARISING OUT OF ITA 4223/M/2011 (ASSESSMENT YEAR; - 2007-08) M/S YARDLEY INVESTMENT TRADING CO. PVT. LTD. 1, PEARL MENSION (N), 91, M.K.ROAD, MUMBAI-400020 VS. DCIT-1(1), MUMBAI, AAYAKAR BHAVAN, M.K.ROAD, MUMBAI-400020 APPELLANT RESPONDENT ASSESSEE BY: SMT. SNEHAL SHAH DEPARTMENT BY: SHRI S SATYA MOORTHY DATE OF HEARING: 17/5/2013 DATE OF PRONOUNCEMENT: 17/ 5 /2013 O R D E R PER RAJENDRA SINGH A.M. THIS MISCELLANEOUS APPLICATION HAS BEEN FILED BY TH E ASSESSEE REQUESTING FOR RECALL OF THE ORDER DATED 10.12.2012 OF THE TRIBUNAL IN ITA NO 4223/M/2011. IN THE SAID ORDER THE TRIBUNAL HAD DISMISSED THE APPEAL OF THE ASSESSEE AS UNADMITTED FOR WANT OF RE PRESENTATION FROM THE SIDE OF THE ASSESSEE. 2. IN THE MISCELLANEOUS APPLICATION THE ASSESSEE HA S SUBMITTED THAT ON THE DATE OF HEARING ON 26.3.2012, THE APPEAL HAD BEEN ADJOURNED TO 25.5.2012 WHEN THE BENCH DID NOT FUNCTION. THEREAFT ER, THE ASSESSEE HAD NOT RECEIVED ANY NOTICE REGARDING HEARING WHICH WAS THE REASON FOR NON COMPLIANCE. AN AFFIDAVIT TO THAT EFFECT H AS ALSO BEEN FILED AND IT MA NO. 761/MUM/2012 ARISING OUT OF ITA 4223/M/2011 YARDLEY INVESTMENT AND TRADING CO. PVT LTD. HAS BEEN REQUESTED THAT THE ORDER MAY BE RECALLED F OR FRESH ADJUDICATION AFTER HEARING THE ASSESSEE. 3. WE HAVE HEARD BOTH THE PARTIES, PERUSED THE RECO RDS AND CONSIDERED MATTER CAREFULLY. ON THE FACTS AND IN TH E CIRCUMSTANCES OF THE CASE WE ARE SATISFIED THAT THERE WAS REASONABLE CAUSE FOR NON COMPLIANCE ON PART OF THE ASSESSEE. THEREFORE, IN T HE INTEREST OF JUSTICE WE RECALL THE ORDER DATED 10.12.2012 OF THE TRIBUNA L AND RESTORE THE APPEAL TO ITS ORIGINAL NUMBER WHICH WOULD BE HEARD ON 27.6.2013. THE DATE OF HEARING WAS PRONOUNCED IN THE OPEN COURT IN THE PRESENCE OF BOTH THE PARTIES AND THEREFORE NO FORMAL NOTICE IS REQUIRED TO BE ISSUED BY THE REGISTRY. 2. IN THE RESULT THE MISCELLANEOUS APPLICATION OF THE ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT TODAY I.E. 17/5/ 2013. SD/- SD/- (VIVEK VARMA ) (RAJENDRA SINGH) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI, DATED 17TH MAY, 2013. SK. MA NO. 761/MUM/2012 ARISING OUT OF ITA 4223/M/2011 YARDLEY INVESTMENT AND TRADING CO. PVT LTD. COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CONCERNED CIT(A) 4. THE CONCERNED CIT 5. THE DR, K BENCH, ITAT, MUMBAI BY ORDER ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCHES, MUMBAI