IMPERIAL EXPORTS LTD, v. ACIT 9(2),

MA 172/MUM/2010 | 2003-2004
Pronouncement Date: 21-05-2010 | Result: Allowed

Appeal Details

RSA Number 17219924 RSA 2010
Assessee PAN AAACR6406N
Bench Mumbai
Appeal Number MA 172/MUM/2010
Duration Of Justice 2 month(s) 3 day(s)
Appellant IMPERIAL EXPORTS LTD,
Respondent ACIT 9(2),
Appeal Type Miscellaneous Application
Pronouncement Date 21-05-2010
Appeal Filed By Assessee
Order Result Allowed
Bench Allotted I
Tribunal Order Date 21-05-2010
Assessment Year 2003-2004
Appeal Filed On 18-03-2010
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL 'I' BENCH MUMBAI BEFORE SHRI D.K. AGARWAL JUDICIAL MEMBER AND SHRI B. RAMAKOTAIAH ACCOUNTANT MEMBER MA NO. 172/MUM/2010 (ARISING OUT OF ITA NO. 6462/MUM/2008) (ASSESSMENT YEAR: 2003-04) M/S. IMPERIAL EXPORTS LTD. ACIT - 9 B(2) 201-202 HEMLOK APARTMENTS MUMBAI 4000067 KILACHAND PATH KANDIWALI (W) VS. MUMBAI 400067 PAN - AAACR 6406 N APPLICANT RESPONDENT APPLICANT BY: SHRI S.M. JAIN RESPONDENT BY: SHRI C.P. PATHAK O R D E R PER B. RAMAKOTAIAH A.M. THE ASSESSEE THROUGH THIS MISCELLANEOUS APPLICATION REQUESTS THE TRIBUNAL TO RECALL THE EXPARTE ORDER PASSED FOR NON -APPEARANCE ON THE DATE OF HEARING. 2. THE LEARNED COUNSEL FOR THE ASSESSEE REFERRING TO T HE MISCELLANEOUS APPLICATION FILED BY THE ASSESSEE EXPLAINED THE REA SONS FOR SUCH NON- APPEARANCE ON THE APPOINTED DATE. 3. AFTER HEARING BOTH THE SIDES AND AFTER GOING THROUG H THE CONTENTS OF THE MISCELLANEOUS APPLICATION OF THE ASSESSEE WE FI ND THERE WAS A REASONABLE CAUSE ON THE PART OF THE ASSESSEE FOR SUCH NON-APPE ARANCE ON THE APPOINTED DATE. WE THEREFORE RECALL THE ORDER OF THE TRIBUN AL DATED 18.02.2010 AND FIX THE HEARING OF THE APPEAL ON 19.07.2010 WHICH WAS ANNOUNCED IN THE OPEN COURT AND NO SEPARATE NOTICE OF HEARING SHALL BE S ENT TO WHICH BOTH THE PARTIES AGREED. MA NO. 172/MUM/2010 M/S. IMPERIAL EXPORTS LTD. 2 4. IN THE RESULT MISCELLANEOUS APPLICATION FILED BY T HE ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 21 ST MAY 2010. SD/- SD/- (D.K. AGARWAL) (B. RAMAKOTAIAH) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI DATED: 21 ST MAY 2010 COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT(A) IX MUMBAI 4. THE CIT IX MUMBAI CITY 5. THE DR I BENCH ITAT MUMBAI BY ORDER //TRUE COPY// ASSISTANT REGISTRAR ITAT MUMBAI BENCHES MUMBAI N.P.