EXPORT IMPORT BANK OF INDIA, v. ADDL. C.I.T. SP. RANGE 3(1),

MA 143/MUM/2011 | 2006-2007
Pronouncement Date: 09-09-2011 | Result: Allowed

Appeal Details

RSA Number 14319924 RSA 2011
Assessee PAN AAACE2769D
Bench Mumbai
Appeal Number MA 143/MUM/2011
Duration Of Justice 6 month(s) 1 day(s)
Appellant EXPORT IMPORT BANK OF INDIA,
Respondent ADDL. C.I.T. SP. RANGE 3(1),
Appeal Type Miscellaneous Application
Pronouncement Date 09-09-2011
Appeal Filed By Assessee
Order Result Allowed
Bench Allotted E
Tribunal Order Date 09-09-2011
Date Of Final Hearing 09-09-2011
Next Hearing Date 09-09-2011
Assessment Year 2006-2007
Appeal Filed On 08-03-2011
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH E : MUMBAI BEFORE SHRI R. K. PANDA A.M. AND SHRI VIJAY PAL RA O J.M. MA NO.143/MUM/2011 ARISING OUT OF ITA NO.3399/MUM/2009 ASSESSMENT YEAR: 2006-07 M/S. EXPORT IMPORT BANK OF INDIA CENTRE ONE BLD FLOOR 21 WORLD TRADE CENTRE COMPLEX CUFFEE PARADE MUMBAI 400 005 PAN NO: AAACE 2769 D VS ADDL CIT RG 3(1) AAYAKAR BHAVAN M.K. ROAD MUMBAI-400 020 (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI DINESH VYAS RE SPONDENT BY : SHRI SANTAM BOSE DATE OF HEARING : 09 .0 9 .2011 DATE OF PRONOUNCEMENT : 09.09.2011 ORDER PER R. K. PANDA (AM) : THE ASSESSEE THROUGH THIS MISCELLANEOUS APPLICATI ON REQUESTS THE TRIBUNAL TO RECALL THE EXPARTE ORDER PASSED BY IT. 2. THE LD. COUNSEL FOR THE ASSESSEE REFERRING TO T HE MISCELLANEOUS APPLICATION FILED BY THE ASSESSEE EXPLAINED THE REA SONS FOR SUCH NON APPEARANCE ON THE DATE OF HEARING. HE SUBMITTED THA T ON THE DATE OF LAST HEARING I.E. 21.10.2010 THE ASSESSEE SOUGHT ADJOURN MENT AND THE CASE WAS ADJOURNED TO 25.01.2011. HOWEVER IN THE ORDER SHEE T ENTRY IT WAS MENTIONED MA NO.143/MUM/2011 M/S. EXPORT IMPORT BANK OF INDIA 2 AS ADJOURNED TO 03.01.2011. REFERRING TO THE COPY O F THE CAUSE LIST DATED 03.01.2011 THE LD. COUNSEL FOR THE ASSESSEE DREW TH E ATTENTION OF THE BENCH AND SUBMITTED THAT THE NAME OF THE ASSESSEE DOESNT APPEAR IN THE SAID LIST. HE SUBMITTED THAT THE ASSESSEE IS VERY MUCH INTERES TED IN PROSECUTING THE APPEAL FILED BY IT. HE SUBMITTED THAT SINCE THERE W AS NO SERVICE OF NOTICE ON THE ASSESSEE FIXING THE DATE OF HEARING ON 03.01.20 11 AND SINCE THE CASE WAS EARLIER ADJOURNED TO 25.01.2011 THEREFORE THE MAT TER MAY BE RECALLED AND THE ASSESSEE BE GIVEN AN OPPORTUNITY TO REPRESENT I TS CASE. 3. WE HAVE HEARD THE RIVAL ARGUMENTS MADE BY BOTH T HE SIDES. AFTER GOING THROUGH THE RELEVANT RECORDS WE ARE SATISFIED THAT THERE WAS A REASONABLE CAUSE ON THE PART OF THE ASSESSEE FOR THE NON APPEA RANCE ON THE DATE OF HEARING. ACCORDINGLY THE ORDER OF THE TRIBUNAL IS RECALLED AND THE APPEAL IS FIXED FOR HEARING ON 24.10.2011. IT WAS ALSO ANNOUN CED THAT NO SEPARATE NOTICE OF HEARING SHALL BE SENT TO WHICH BOTH THE P ARTIES AGREED. 4. IN THE RESULT THE MISCELLANEOUS APPLICATION FIL ED BY THE ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT AT THE TIME OF H EARING ITSELF I.E. ON 09.09.2011. SD/- SD/- ( VIJAY PAL RAO ) ( R. K. PA NDA ) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI DT: 09/09/2011 MA NO.143/MUM/2011 M/S. EXPORT IMPORT BANK OF INDIA 3 COPY FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT 3. THE C.I.T. 4. CIT (A) 5. THE DR B - BENCH ITAT MUMBAI //TRUE COPY// BY ORDER ASSISTANT REGISTRAR ITAT MUMBAI BENCHES MUMBAI ROSHANI