Appeal Details
| RSA Number | 1819924 RSA 2010 |
|---|---|
| Assessee PAN | AAACV9385L |
| Bench | Mumbai |
| Appeal Number | MA 18/MUM/2010 |
| Duration Of Justice | 3 month(s) 17 day(s) |
| Appellant | VELDIS SALES LTD, |
| Respondent | ACIT RG 7(3), |
| Appeal Type | Miscellaneous Application |
| Pronouncement Date | 30-04-2010 |
| Appeal Filed By | Assessee |
| Bench Allotted | SMC |
| Assessment Year | 2003-2004 |
| Appeal Filed On | 12-01-2010 |
| Judgment Text |
IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH F BEFORE SHRI N.V. VASUDEVAN (JM) & A.L.GEHLOT (AM) M.A. NO. 18/MUM/2010 ARISING OUT OF I.T.A.NO. 3806/MUM/2007 (ASSESSMENT YEAR : 2003-04 ) M/S. VELDIS SALES LIMITED C/O. SARABHAI CHEMICALS NEW HEAVEN BUILDING 1 ST FLOOR PARSI PANCHAYAT ROAD ANDHRI EAST MUMBAI-400 069. VS. ACIT RANGE 7(3) AAYKAR BHAVAN M.K. ROAD MUMBAI-400 020. APPELLANT RESPONDENT PAN/GIR NO. : AAACV9385L ASSESSEE BY : SHRI REEPAL G. TRALSHAWALLA DEPARTMENT BY : SHRI RAJNISH ARVIND ORDER PER N.V. VASUDEVAN JM :- THE ASSESSEE HAS FILED THIS APPLICATION PRAYING FO R RECALLING THE ORDER DATED 10.10.2007 WHEREBY THE TRIBUNAL DISMIS SED THE ASSESSEES APPEAL FOR NON-PROSECUTION. THE TRIBUNAL DISMISSED THE APPEAL FOR NON- PROSECUTION FOR THE REASON THAT NOTICE SENT TO THE ASSESSEE WAS RETURNED UN-SERVED AND NONE APPEARED FOR THE ASSESSEE WHEN T HE CASE WAS CALLED FOR HEARING. 2. IN THE MISCELLANEOUS APPLICATION THE ASSESSEE H AS POINTED OUT THAT THERE WAS NO CHANGE OF ADDRESS AND THE ORDER O F THE TRIBUNAL WAS RECEIVED BY THE ASSESSEE AT THE VERY SAME ADDRESS T O WHICH NOTICE OF HEARING WAS SENT BY THE TRIBUNAL. THE ASSESSEE HAS EXPLAINED THAT IT IS NOT AWARE AS TO HOW THE NOTICE SENT BY THE TRIBUNAL WAS RETURNED UN- SERVED. AN AFFIDAVIT OF THE DIRECTOR OF THE ASSESS EE HAS ALSO BEEN FILED IN THIS REGARD. IN THESE CIRCUMSTANCES WE RECALL THE ORDER DATED 10.10.2007 AND DIRECT THAT THE APPEAL BE LISTED FOR HEARING ON 18.5.2010. THE DATE OF M/S. VELDIS SALES LIMITED 2 HEARING WAS ANNOUNCED IN THE OPEN COURT AND IT WAS INFORMED THAT NO SEPARATE NOTICE OF HEARING WILL BE SENT TO THE ASSE SSEE. 3. IN THE RESULT MISCELLANEOUS APPLICATION FILED B Y THE ASSESSEE IS ALLOWED. ORDER HAS BEEN PRONOUNCED ON 30 TH DAY OF APRIL 2010. SD/- (A.L. GELHOT) ACCOUNTANT MEMBER SD/- (N.V. VASUDEVAN) JUDICIAL MEMBER DATED : 30 TH APRIL 2010 COPY TO : 1. THE ASSESSEE 2. THE RESPONDENT 3. THE CIT(A)-CONCERNED. 4. THE CIT CONCERNED. 5. THE DR CONCERNED MUMBAI 6. GUARD FILE BY ORDER TRUE COPY ASSTT. REGISTRAR ITAT MUMBAI PS
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