FI COM INDUSTRIES LTD, V. ITO WD 3(1)(4),

MA 788/MUM/2009

• Counselvise Citation: [2010] 123 COUNSELVISE.COM (IT) 4527 (ITAT-MUMBAI)
• Duration Of Justice: 2 month(s) 10 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 05-02-2010
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Assessment Year: 2001-2002
• Appeal Filed On: 25-11-2009
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES E-1 : MUMBAI BEFORE SHRI D. MANMOHAN, HONBLE VICE PRESIDENT AND SHRI R.S. SYAL, ACCOUNTANT MEMBER M.A. NO.788/MUM/2009 ARISING OUT OF ITA.NO.2243/MUM/2007 ASSESSMENT YEAR 2001-2002 FICOM INDUSTRIES LIMITED MUMBAI 400 020. PAN AAACF-1249-B VS. ITO WARD 3 (1) (4) MUMBAI 020. (APPLICANT) (RESPONDENT) FOR APPLICANT : SHRI VIJAY MEHTA FOR RESPONDENT : SHRI S.K.SINGH (DR) ORDER PER D. MANMOHAN, V.P. 1. BY THIS APPLICATION ASSESSEE SEEKS RECALL OF TH E ORDER DATED 8 TH JULY, 2009, IN EXERCISE OF THE POWERS VESTED IN US UNDER RULE 24 OF THE APPELLATE TRIBUNAL RULES. 2. LEARNED COUNSEL APPEARING ON BEHALF OF THE ASSE SSEE ADVERTED OUR ATTENTION TO THE DETAILED EXPLANATION GIVEN IN THE MISCELLANEOUS APPLICATION TO SUBMIT THAT THE APPEAL WAS DISPOSED OF EXPARTE IN VIOLATION OF PRINCIPLES OF NATURAL JUSTI CE AND NON- REPRESENTATION ON THE DATE FIXED FOR HEARING WAS NO T WITH ANY DELIBERATE OR MALAFIDE INTENTION BUT ON ACCOUNT OF REASONS STA TED IN THE APPLICATION. IT WAS FURTHER SUBMITTED THAT THE QUANTUM APPEAL WA S DISPOSED OF BY THE APPELLATE TRIBUNAL WHEREIN THE MATTER WAS SET ASIDE TO THE FILE OF THE ASSESSING OFFICER IN WHICH EVENT PENALTY SHOULD NOT ORDINARILY BE LEVIED TILL A FRESH ASSESSMENT IS MADE. 2 3. WE HAVE HEARD THE LEARNED DR IN THIS REGARD AND CAREFULLY PERUSED THE RECORD. 4. HAVING REGARD TO THE CIRCUMSTANCES OF THE CASE, WE ARE OF THE VIEW THAT THE ASSESSEE-COMPANY HAS SUFFICIENT CAUSE FOR NON-APPEARANCE, THROUGH AUTHORISED REPRESENTATIVE WITH A VALID POWE R OF ATTORNEY, ON THE DATE FIXED FOR HEARING. THEREFORE, IN EXERCISE OF T HE POWERS VESTED IN US UNDER RULE 24 OF THE APPELLATE TRIBUNAL RULES WE HE REBY RECALL THE ORDER DATED 8 TH JULY, 2009 AND FIX THE APPEAL FOR FRESH HEARING ON 5-4-2010, AS PRONOUNCED IN THE OPEN COURT, IN THE PRESENCE OF BO TH THE PARTIES. 5. IN THE RESULT, MISCELLANEOUS APPLICATION IS ALL OWED ACCORDINGLY. PRONOUNCED ACCORDINGLY. SD/- SD/- (R.S. SYAL) (D.MANMOHAN) ACCOUNTANT MEMBER VICE PRESIDENT MUMBAI, DATE 05 TH FEBRUARY, 2010. VBP/- COPY TO 1. FICOM INDUSTRIES LIMITED, 5-D, KAKAD HOUSE, 5 TH FLOOR, MARINE LINES, MUMBAI 400 020. PAN AAACF-1249-B 2. I.T.O. WARD 3 (1) (4), MUMBAI 400 020. 4. CIT(A)-III, MUMBAI. 5 CIT-III, MUMBAI 6. D.R. E-1 BENCH, MUMBAI. 7. GUARD FILE. (TRUE COPY) BY ORDER ASST. REGISTRAR, ITAT, MUMBAI BENCHES 3 SNO DATE INITIALS 1 DRAFT DICTATED ON 05-02-2010 SR.P.S 2. DRAFT PLACED BEFORE AUTHOR 05-02-2010 SR.P.S 3. DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER V.P. 4. DRAFT DISCUSSED/APPROVED BY SECOND MEMBER A.M 5. APPROVED DRAFT COMES TO THE SR.PS/PS SR.P.S 6. KEPT FOR PRONOUNCEMENT ON SR.P.S 7. FILE SENT TO THE BENCH CLERK SR.P.S 8. DATE ON WHICH FILE GOES TO THE HEAD CLERK 9. DATE OF DISPATCH OF ORDER