FORBES AND CO. LTD, MUMBAI v. ITO 2(1)(2), MUMBAI

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES SMC BENCH BEFORE SHRI RAJENDRA SINGH A.M. AND SHRI VIJAY P AL RAO J.M. MA NO: 174/MUM/2011 ARISING OUT OF : 435/MUM/2010 ASSESSMENT YEAR 2003-04 M/S. FORBES AND COMPANY LIMITED (AS SUCCESSOR TO CAMPBELL KNITWEAR LTD.) FORBES BUILDING CHARANJIT RAI MARG FORT MUMBAI-400 001. PAN NO.: AAACF 1765 A THE INCOME TAX OFFICER WARD 2(1)(2) AAYAKAR BHAVAN MUMBAI-400 020. (APPLICANT) VS. (RESPONDENT) APPLICANT BY : SHRI M.D. THAKORE RESPONDENT BY : SHRI D.S. SINDER SINGH DATE OF HEARING : 30.3.2012 DATE OF PRONOUNCEMENT : 30.3.2012 ORDER PER RAJENDRA SINGH (AM). THIS MISCELLANEOUS APPLICATION HAS BEEN FILED BY THE ASSESSEE REQUESTING FOR RECALL OF THE ORDER DATED 19.5.2010 IN ITA NO.435/M/2010 FOR ASSESSMENT YEAR 2003-04. THE TRIBUNA L IN THE SAID ORDER HAD DISMISSED THE APPEAL OF THE ASSESSEE AS UNADM ITTED ON THE GROUND OF NON-PROSECUTION. THE ASSESSEE IN THE MISCELL ANEOUS APPLICATION HAS SUBMITTED THAT M/S. CAMPBELL KNITWEAR L TD. IN WHOSE NAME NOTICE HAD BEEN ISSUED HAD SUBSEQUENTLY MERGED WITH THE ASSESSEE COMPANY AND NOTICE WAS ALSO RECEIVED BY THE ASSESSEE COMPANY BUT SINCE THE SAID COMPANY HAD EARLIER BEEN DE MERGED INTO SEPARATE COMPANY NAMED GOKAK TEXTILE LTD. WITH REGI STERED OFFICE AT BANGALORE THE DISPATCH SECTION OF THE ASSESSEE COMPANY THI NKING THAT MA NO.174/M/11 ARISING OUT OF ITA NO. 435/M/10 A.Y:03-04 2 THE SAID NOTICE RELATED TO GOKAK TEXTILE LTD. FORWARD ED THE SAME TO BANGALORE OFFICE WITHOUT INTIMATION TO COMPANYS TAX D EPARTMENT WHICH WAS NOT AWARE OF THE DEVELOPMENT. THE ASSESSEE CAM E TO KNOW ABOUT THE MATTER ONLY AFTER THE ORDER DATED 19.5.20 10 DISMISSING THE APPEAL HAD BEEN RECEIVED. IT HAS ACCORDINGLY BEEN REQUE STED TO RECALL THE ORDER AS THERE WAS REASONABLE CAUSE FOR NON-APPEARAN CE BEFORE THE TRIBUNAL AT THE TIME OF HEARING. 2. WE HAVE HEARD BOTH THE PARTIES AND CONSIDERED THE MATTER CAREFULLY. WE ARE SATISFIED THAT THERE WAS REASONABLE CAU SE FOR NON APPEARANCE OF THE ASSESSEE AT THE TIME OF HEARING OF THE APPEAL. WE THEREFORE IN THE INTEREST OF JUSTICE RECALL THE ORDER DATED 19.5.2010 OF THE TRIBUNAL AND RESTORE THE APPEAL TO ITS ORIGINAL N UMBER WHICH WILL BE HEARD ON 10.5.2012. THE DATE OF HEARING WAS PRONOUNCE D IN THE OPEN COURT IN THE PRESENCE OF BOTH THE PARTIES THEREFORE N O FORMAL NOTICE OF HEARING IS REQUIRED TO BE ISSUED BY THE REGISTRY. 3. IN THE RESULT THE MISCELLANEOUS APPLICATION STANDS ALLO WED. ORDER PRONOUNCED IN THE OPEN COURT ON 30.3.2012. SD/- SD/- (VIJAY PAL RAO) ( RAJENDRA SINGH ) JUDICIAL MEMBER ACC OUNTANT MEMBER MUMBAI DATED: 30.3.2012. JV. MA NO.174/M/11 ARISING OUT OF ITA NO. 435/M/10 A.Y:03-04 3 COPY TO: THE APPLICANT THE RESPONDENT THE CIT CONCERNED MUMBAI THE CIT(A) CONCERNED MUMBAI THE DR BENCH TRUE COPY BY ORDER DY/ASSTT. REGISTRAR ITAT MUMBAI.