Appeal details
Counselvise Citation
[2015] 124 COUNSELVISE.COM (IT) 3509 (ITAT-MUMBAI)
Assessee PAN
Bench
Appeal Number
Duration Of Justice
5 month(s) 9 day(s)
Appellant
Respondent
Appeal Type
Miscellaneous Application
Pronouncement Date
11-09-2015
Appeal Filed By
Assessee
Order Result
Dismissed
Bench Allotted
C
Assessment Year
2003-2004
Appeal Filed On
01-04-2015
Judgement Text
1 , INCOME TAX APPELLATE TRIBUNAL,MUMBAI - C ,BENCH , , BEFORE S/SH. RAJENDRA,ACCOUNTANT MEMBER & SANJAY GARG,JUDICIAL MEMBER MA NO. 8 9 /MUM/2015(ARISING OUT OF ITA/7 5 0 0 /MUM/2011 ) - ASSESSMENT YEAR 200 3 - 0 4 CHAITANYA DEVELOPERS PVT. LTD. RADHA VILAS APARTMENT, A - 102, FIRST FLOOR, WAMANRAO BHOIR MARG, KANDARPADA, DAHISAR , MUMBAI - 4000 68. PAN: AAACC3297N VS ITO 9(1)(2) ROOM NO. 26,AAYAKAR BHAVAN, M.K.MARG, MUMBAI - 400020 ( / ASSESSEE ) ( / RESPONDENT ) /ASSESSEE BY : NONE / REVENUE BY : SH.M M CHATE / DATE OF HEARING : 11 - 09 - 2015 / DATE OF PRONOUNCEMENT : 11 - 09 - 2015 / O R D E R PER RAJENDRA, A.M. : VIDE ITS APPLICATION,DATED 01 .0 4.2015 ,THE ASSESSEE - COMPANY HAS STATED THAT APPEAL FILED BY IT WAS DECIDED EX PARTE ON 17.07.2013,THAT ON 17.07.2013 THE ASSESSEE COULD NOT APPEAR,THAT THE DATE WAS FIXED THROUGH NOTICE BOARD,THAT T HE MATTER SHOULD BE RECALLED AS PER THE PROVISIONS OF SECTION 24 OF THE ACT.THE APPLICATION IS ACCOMPANIED BY AN AFFIDAVIT OF THE ONE OF THE DIRECTORS,G.S.DESAID,OF THE ASSESSEE - COMPANY.IN THE AFFIDAVIT DATED 20.05.2015,HE HAS MENTIONED THAT NON APPEARANCE ON BEHALF OF THE ASSESSEE ON 17.07.2013 WAS UNINTENTIONAL AND WAS NOT MALFIDE, THAT THE ASSESSEE WAS INTERESTED IN PERUSING THE MATTER. WE HAVE GONE THROUGH THE APPLICATION AND THE AFFIDAVIT FILED.WE FIND THAT THE APPEAL WAS NOT DECIDED ON MERITS WAS DISM ISSED FOR NON APPEARANCE OF THE ASSESSEE .CONSIDERING THE PECULIAR FACTS AND CIRCUMSTANCES OF THE CASE,WE RECALL OUR ORDER DATED 17.07.2013.REGISTERY IS DIRECTED TO FIX THE HEARING OF THE CASE ON14.10.2015 TO BE HEARD BY THE REGULAR BENCH AND TO INFORM THE ASSESSEE BY REGISTERED LETTER ABOUT THE NEXT DATE OF HEARING. AS A RESULT,MA FILED BY THE ASSESSEE STANDS DISMISSED. . ORDER PRONOUNCED IN THE OPEN COURT ON 11 TH SEPTEMBER ,2015. 11 , 2015 SD/ - SD/ - ( / SANJAY GARG) ( / RAJENDRA) / JUDICIAL MEMBER / ACCOUNTANT MEMBER / MUMBAI, /DATE: 11 .09.2015 . . . JV. SR.PS. / COPY OF THE ORDER FORWARDED TO : 1. APPELLANT / 2. RESPONDENT / 3. THE CONCERNED CIT(A)/ , 4. THE CONCERNED CIT / 2 5. DR A BENCH, ITAT, MUMBAI / , , . . . 6. GUARD FILE/ //TRUE COPY// / BY ORDER, / DY./ASST. REGISTRAR , / ITAT, MUMBAI.
