KILLICK NIXON LTD, v. DCIT CEN 3,

MA 318/MUM/2010 | 2000-2001
Pronouncement Date: 13-08-2010 | Result: Allowed

Appeal Details

RSA Number 31819924 RSA 2010
Assessee PAN AAACK8526A
Bench Mumbai
Appeal Number MA 318/MUM/2010
Duration Of Justice 3 month(s) 1 day(s)
Appellant KILLICK NIXON LTD,
Respondent DCIT CEN 3,
Appeal Type Miscellaneous Application
Pronouncement Date 13-08-2010
Appeal Filed By Assessee
Order Result Allowed
Bench Allotted B
Tribunal Order Date 13-08-2010
Date Of Final Hearing 06-08-2010
Next Hearing Date 06-08-2010
Assessment Year 2000-2001
Appeal Filed On 12-05-2010
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL 'B' BENCH MUMBAI BEFORE SHRI D.K. AGARWAL JUDICIAL MEMBER AND SHRI B. RAMAKOTAIAH ACCOUNTANT MEMBER MA NO. 318/MUM/2010 (ASSESSMENT YEAR: 2000-01) M/S. KILLICK NIXON LIMITED DCIT CIRCLE 3 PLOT 7 CHANDIVLI ROAD KEL HOUSE 9TH FLOOR C.G O BUILDING CHANDIVALI MUMBAI 400072 VS. MUMBAI 400020 PAN - AAACK 8526 A APPELLANT RESPONDENT APPELLANT BY: SHRI VIJAI KOTHARI RESPONDENT BY: SHRI D. SONGATE 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 AND AFFIDAVIT FILED BY THE ASSESSEE EXP LAINED THE REASONS FOR SUCH NON-APPEARANCE ON THE APPOINTED DATE DUE TO NON SE RVICE OF NOTICE IN THE NEW ADDRESS. 3. AFTER HEARING BOTH THE SIDES AND AFTER GOING THROUG H THE CONTENTS OF THE MISCELLANEOUS APPLICATION AS WELL AS THE AFFIDA VIT OF THE ASSESSEE WE FIND THERE WAS A REASONABLE CAUSE ON THE PART OF THE ASS ESSEE FOR SUCH NON- APPEARANCE ON THE APPOINTED DATE. WE THEREFORE RE CALL THE ORDER OF THE TRIBUNAL AND FIX THE HEARING OF THE APPEAL ON 11 TH OCTOBER 2010 WHICH WAS ANNOUNCED IN THE OPEN COURT. SINCE THE DATE OF HEAR ING IS ANNOUNCED IN THE MA NO. 318/MUM/2010 M/S. KILLICK NIXON LIMITED 2 OPEN COURT NO SEPARATE NOTICE OF HEARING SHALL BE SENT TO WHICH BOTH THE PARTIES AGREED. 4. IN THE RESULT MISCELLANEOUS APPLICATION FILED BY T HE ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 13 TH AUGUST 2010. SD/- SD/- (D.K. AGARWAL) (B. RAMAKOTAIAH) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI DATED: 13 TH AUGUST 2010 COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT(A) CENTRAL-I MUMBAI 4. THE CIT CENTRAL-I MUMBAI CITY 5. THE DR B BENCH ITAT MUMBAI BY ORDER //TRUE COPY// ASSISTANT REGISTRAR ITAT MUMBAI BENCHES MUMBAI N.P.