CIFCO FINANCE LTD, v. ASST CIT ODS-II CEN RG -7,

MA 259/MUM/2011 | 2006-2007
Pronouncement Date: 15-07-2011 | Result: Allowed

Appeal Details

RSA Number 25919924 RSA 2011
Assessee PAN AAACC1765F
Bench Mumbai
Appeal Number MA 259/MUM/2011
Duration Of Justice 2 month(s) 13 day(s)
Appellant CIFCO FINANCE LTD,
Respondent ASST CIT ODS-II CEN RG -7,
Appeal Type Miscellaneous Application
Pronouncement Date 15-07-2011
Appeal Filed By Assessee
Order Result Allowed
Bench Allotted C
Tribunal Order Date 15-07-2011
Assessment Year 2006-2007
Appeal Filed On 02-05-2011
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES C MUMBAI BEFORE SHRI R.S.SYAL AM AND SHRI R.S.PADVEKAR JM M.A.NO.259/MUM/2011 (ARISING OUT OF ITA NO.6075/MU M/2009 : ASST.YEAR 2006-2007) M/S.CIFCO FINANCE LIMITED BHUPEN CHAMBERS GROUND FLOOR DALAL STREET MUMBAI 400 021. PAN : AAACC1765F. VS. THE ASSTT.COMMISSIONER OF INCOME-TAX (OSD-II) CENTRAL RANGE 7 MUMBAI. (APPLICANT) (RESPONDENT) APPLICANT BY : SHRI SAMEER G.DALAL RESPONDENT BY : SHRI C.G.K.NAIR O R D E R PER R.S.SYAL AM : THIS MISCELLANEOUS APPLICATION U/S. 254(2) OF THE INCOME-TAX ACT 1961 HAS BEEN MOVED BY THE ASSESSEE PRAY ING FOR THE RECALLING OF THE EX PARTE ORDER OF THE TRIBUNAL DATED 24 TH SEPTEMBER 2010 IN ITA NO.6075/MUM/2009. THE LEARNED COUNSEL FOR THE ASSESSEE STATED THAT THE TRIBUNAL HAS DISMISSED THE APPEAL OF THE ASSESSEE IN LIMINE FOR WANT OF PROSECUTION. THE LEAR NED COUNSEL FURTHER CONTENDED THAT THE ASSESSEE WAS PREVENTED BY REASO NABLE CAUSE FOR NON APPEARANCE ON THE DATE OF HEARING. IN SUPPORT OF HIS SUBMISSI ON AN AFFIDAVIT OF THE DIRECTOR OF THE ASSESSEE-COMPANY DATED 14 TH JULY 2011 WAS FILED. TH E LEARNED D.R. DID NOT RAISE ANY SERIOUS OBJECTION TO IT. 2. WE HAVE HEARD THE RIVA L PARTIES AND PERUSED THE RE LEVANT MATERIAL ON RECORD. WE ARE SATISFIED WITH THE REASONS FOR THE ABSENCE OF THE ASSESSEE AT THE TIME WHEN THE APPEAL WAS TAKEN UP FOR HEARING BY THE TRIBUNAL. WE THEREFORE RECALL THE IMPUGNED ORDER AND DIRECT THE REGISTRY TO FIX THIS CASE FOR HEARING ON 9 TH AUGUST 2011. NO SEPARATE NOTICE NEED BE SENT TO THE AS SESSEE AS THE ANNOUNCEMENT TO THIS EFFECT WAS MADE IN THE OPEN COURT AND THE LEARNED A.R. HAS WAIVED HIS RIGHT TO SEPARATE NOTICE. MA NO.259/MUM/2011 M/S.CIFO FINANCE LIMITED. 2 3. IN THE RESULT THE MISCELLA NEOUS APPLICATION IS ALLOWED. ORDER PRONOUNCED ON THIS 15 TH DAY OF JULY 2011. SD/- SD/- (R.S.PADVEKAR) (R.S.SYAL) JUDICIAL MEMBER A CCOUNTANT MEMBER MUMBAI : 15 TH JULY 2011. DEVDAS* COPY TO : 1. THE APPLICANT. 2. THE RESPONDENT. 3. THE CIT CONCERNED 4. THE CIT(A) 40 MUMBAI. 5. THE DR/ITAT MUMBAI. 6. GUARD FILE. TRUE COPY. BY ORDER ASSISTANT REGISTRAR ITAT MUMBAI.