ITO WD 4(2)(2), V. STANFORD SECURITIES P. LTD,

MA 798/MUM/2009

• Counselvise Citation: [2010] 123 COUNSELVISE.COM (IT) 5016 (ITAT-MUMBAI)
• Duration Of Justice: 8 month(s) 13 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 13-08-2010
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2002-2003
• Appeal Filed On: 30-11-2009
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES SMC : MUMBAI BEFORE SHRI D. MANMOHAN, VICE PRESIDENT AND SHRI ANANDI LAL GEHLOT, ACCOUNTANT MEMBER MA. NO. 798/MUM/2009 ARISING OUT OF ITA. NO. 5985/MUM/2008 ASSESSMENT YEAR 2002-2003 INCOME TAX OFFICER 4 (2) (2) MUMBAI 020. VS. M/S. STANFORD SECURITIES P. LTD. MUMBAI 023. PAN AAECS8578C (APPLICANT) (RESPONDENT) FOR APPLICANT : SHRI ABANI KANTA NAYAK (DR) FOR RESPONDENT : SHRI P.P. SAGAR ORDER PER D. MANMOHAN, V.P. 1. THIS APPLICATION ARISES OUT OF ITA. NO. 5985/MU M/2008 WHEREIN PROPER PROCEDURE WAS NOT FOLLOWED BY THE RE VENUE AND INSTEAD OF FILING AN APPLICATION SEEKING RECALL OF THE EARL IER ORDER, IT HAS ENCLOSED DRAFT GROUNDS OF APPEAL WHICH WAS NUMBERED AS M.A.N O. 798/MUM/2009. WHEN THIS WAS POINTED OUT TO THE LEAR NED DR, INSTEAD OF CORRECTING THE MISTAKE THE ITO, WARD 4 (2) (2), MUMBAI, VIDE LETTER DATED 16 TH APRIL, 2010, FILED GROUNDS OF APPEAL WHICH WAS ALS O NOT IN ACCORDANCE WITH THE PRESCRIBED PROCEDURE AND THEREF ORE, THE M.A. WAS FOUND TO BE DEFECTIVE. UNDER THESE CIRCUMSTANCES, T HE CASE WAS ADJOURNED TO 6-8-2010. 2. INSTEAD OF CORRECTING THE MISTAKE THE REVENUE S OUGHT TO FILE A FRESH APPLICATION ON 8-7-2010 WHICH WAS NUMBERED AS M.A. 437/MUM/2010. BEARING IN MIND THE CIRCUMSTANCES OF THE CASE, WE ARE OF THE VIEW THAT THE APPLICANT CONCEDED THAT THE PR ESENT MISCELLANEOUS 2 APPLICATION IS NOT IN ACCORDANCE WITH THE PROCEDURE PRESCRIBED AND HENCE FILED A FRESH MISCELLANEOUS APPLICATION. 3. THEREFORE, THE IMPUGNED M.A. IS DISMISSED AS UN -ADMITTED, BEING DEFECTIVE. THE REVENUE IS AT LIBERTY TO RAISE ITS CONTENTIONS IN THE FRESH M.A. FILED ON 8-7-2010 WHICH IS NUMBERED AS M .A.437/MUM/2010. WITH THESE OBSERVATIONS, THE MISCELLANEOUS APPLICAT ION IS DISMISSED. ORDER PRONOUNCED ACCORDINGLY ON 13-08-2010. SD/- SD/- (ANANDI LAL GEHLOT) (D.MANMOHAN) ACCOUNTANT MEMBER VICE-PRESIDENT MUMBAI: 13 TH AUGUST, 2010. VBP COPY TO : 1. INCOME TAX OFFICER 4 (2) (2), ROOM NO. 644, 6 TH FLOOR, AAYAKAR BHAVAN, MUMBAI 400 020. 2. M/S. STANFORD SECURITIES P. LTD., HAMAM HOUSE, M EZZANINE FLOOR, HAMAM STREET, FORT, MUMBAI 400 023. PAN AAECS8578C 3. CIT(A)-IV, MUMBAI. 4. CIT-IV, MUMBAI 5. DR SMC BENCH 6. GUARD FILE. (TRUE COPY) BY ORDER, ASST.REGISTRAR, ITAT, MUMBAI.