HEATSHRINK TECHNOLOGIES LTD, v. ACIT 8(2),

MA 265/MUM/2010 | misc
Pronouncement Date: 15-09-2010 | Result: Allowed

Appeal Details

RSA Number 26519924 RSA 2010
Assessee PAN AAACR2591J
Bench Mumbai
Appeal Number MA 265/MUM/2010
Duration Of Justice 4 month(s) 24 day(s)
Appellant HEATSHRINK TECHNOLOGIES LTD,
Respondent ACIT 8(2),
Appeal Type Miscellaneous Application
Pronouncement Date 15-09-2010
Appeal Filed By Assessee
Order Result Allowed
Bench Allotted H
Tribunal Order Date 15-09-2010
Assessment Year misc
Appeal Filed On 21-04-2010
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH H : MUMBAI BEFORE SHRI D.K. AGARWAL (JM) AND SHRI B. RAMAKO TAIAH (AM) MA NO.265/MUM/2010 ARISING OUT OF IT(SS)A NO.159/MUM/2007 ASSESSMENT YEAR : BLOCK PERIOD 1.4.1987 TO 18.12.1997 M/S. HEATSHRINK TECHNOLOGIES LTD. (FORMERLY KNOWN AS REPL ENGINEERING LTD.) PLOT NO.112 13 TH ROAD M.I.D.C. MAROL NAKA ANDHERI (E) MUMBAI-93. ..( APPLICANT ) P.A. NO. (AAACR 2591 J) VS. ASSTT. COMMISSIONER OF INCOME TAX -8(2) ROOM NO.209/216A AAYAKAR BHAVAN M.K. ROAD MARINE LINES MUMBAI. ..( RESPONDENT ) APPLICANT BY : SHR I PRADIP KAPASI RESPONDENT BY : SHRI SU RENDRA KUMAR O R D E R PER D.K. AGARWAL (JM). THIS MISCELLANEOUS PETITION FILED BY THE ASSESSEE I S DIRECTED AGAINST THE ORDER DATED 12.11.2009 PASSED BY THE TRIBUNAL IN IT (SS)A NO.159/MUM/2007 FOR THE ASSESSMENT YEAR PERTAINING TO BLOCK PERIOD 1.4.1987 TO 18.12.1997. 2. THE APPLICANT VIDE HIS PETITION DATED 20.4.2010 SUPPORTED BY AN AFFIDAVIT DATED 20.4.2010 OF SHRI PRAMOD SHAH DIRE CTOR HEATSHRINK TECHNOLOGIES LTD. INTERALIA STATED ON OATH THAT : MA NO.265/M/10 A.Y:BP 2 19. THAT THE APPELLANT COMPANY WAS COMPLETELY UNAWARE OF THE FACT THAT THE APPEAL FILED BY IT IN ITA 159/M/07(05) HAD COME UP FOR HEARING ON 27.4.2009 OR ON 2.7.2009 OR ON 23.7.2009 OR ON 20.10.2010 AND THA T THE APPELLANT COMPANY WAS UNDER A BONAFIDE BELIEF THAT A FRESH NOTICE OF HEARING WOULD BE ISSUED ONCE THE CASE WAS ADJOURNED ON 2.3.2009 ON ACCOUNT OF THE HON. BENCH NOT FUNCTI ONING. 21. THAT THE FACT THAT THE COMPANY FILED A LETTER FOR CONSOLIDATION OF THE APPEAL FILED BY THE APPELLANT COMPANY IN ITA 159/M/07(05) WITH THE APPEAL FILED BY THE IT DE PARTMENT IN ITA(SS)162/M/05 IS ENOUGH EVIDENCE OF THE COMPANYS INTENTION TO PURSUE THE APPEALS AND CONFIRMS ITS IG NORANCE OF THE FACT THAT THE APPEAL FILED BY IT IN ITA 159/M/0 9 HAD COME UP FOR HEARING ON 20.10.2009 AND THAT THE SAID APPEAL WAS DISMISSED EX-PARTE VIDE ORDER DT. 12.11.2009. IT WAS THEREFORE PRAYED THAT THE EXPARTE ORDER PASSED BY THE TRIBUNAL BE RECALLED. 3. AT THE TIME OF HEARING THE LD. COUNSEL FOR THE A SSESSEE SUBMITS THAT FOR THE REASONS MENTIONED IN ASSESSEES APPLICATION TH E EXPARTE ORDER PASSED BY THE TRIBUNAL BE RECALLED. 4. WE HAVE CAREFULLY CONSIDERED THE SUBMISSIONS OF THE ASSESSEE AND PERUSED THE MATERIAL AVAILABLE ON RECORD. AFTER H AVING SATISFIED ABOUT THE REASONS SUBMITTED BY THE ASSESSEE AND CONSIDERING T HE FACTS AND CIRCUMSTANCES OF THE CASE WE ARE OF THE VIEW THAT THERE WAS SUFFICIENT CAUSE FOR NON APPEARANCE OF THE ASSESSEE OR HIS AUTHORIZE D REPRESENTATIVE ON THE DATE OF HEARING AND ACCORDINGLY THE EXPARTE ORDER DATED 12.11.2009 PASSED BY THE TRIBUNAL IS RECALLED. PARTIES ARE TO APPEAR WITHOUT WAITING FOR ANY NOTICE ON 9.11.2010 AS ANNOUNCED IN THE OPEN COURT. 5. IN THE RESULT THE MISCELLANEOUS APPLICATION STA NDS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 15.9.2010. SD/- SD/- (B. RAMAKOTAIAH ) ( D.K. AGARWAL ) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI DATED: 15.9.2010 JV. MA NO.265/M/10 A.Y:BP 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.