RAMDAS DADY POOJARAI, v. ITO 21(3)(4),

MA 327/MUM/2010 | misc
Pronouncement Date: 17-09-2010 | Result: Allowed

Appeal Details

RSA Number 32719924 RSA 2010
Assessee PAN AAFPP6726P
Bench Mumbai
Appeal Number MA 327/MUM/2010
Duration Of Justice 3 month(s) 29 day(s)
Appellant RAMDAS DADY POOJARAI,
Respondent ITO 21(3)(4),
Appeal Type Miscellaneous Application
Pronouncement Date 17-09-2010
Appeal Filed By Assessee
Order Result Allowed
Bench Allotted D
Tribunal Order Date 17-09-2010
Assessment Year misc
Appeal Filed On 19-05-2010
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH: MUMBAI BEFORE SHRI J. SUDHAKAR REDDY ACCOUNTANT MEMBER AND SHRI R.S. PADVEKAR JUDICIAL MEMBER M.A. NO.327/MUM/2010 (IN ITA NOS.3438 & 3439/MUM/2009 FOR AYS 2005-06 & 2006-07) M/S. RAMDAS DADU POOJARI 40 JAI MAHAL ESTATE LOHAR CHAWL MUMBAI -400 002 APPLICANT VS ITO 21(3) (4) BANDRA KURLA COMPLEX BANDRA (E) MUMBAI -400 051 ..RESPONDENT PAN: AAFPP 6726 P APPLICANT BY: SHRI MUKESH J. PABARI RESPONDENT BY: SHRI SUMIT KUMAR O R D E R PER R.S. PADVEKAR JM THE APPELLANT-ASSESSEE HAS FILED THE APPLICATION U/ S.254(2) WITH THE PRAYER THAT THE ORDER PASSED BY THE TRIBUNAL IN ITA NOS.3438 & 3439/MUM/2009 DATED 26.3.2010 MAY BE RECALLED IN WHICH BOTH THE A PPEALS WERE DISMISSED FOR THE REASON OF NON-PROSECUTION OF THE ASSESSEE. 2. WE HAVE HEARD THE PARTIES. ON THE PERUSAL OF TH E REASONS GIVEN BY THE ASSESSEE AND AFFIDAVIT FILED WE ARE CONVINCED THAT ORDER PASSED BY THE TRIBUNAL MA 327/M/2010 M/S. RAMDAS DADU POOJARI 2 IN ITA NOS.3438 & 3439/MUM/2009 DATED 26.3.2010 NEE DS TO BE RECALLED TO GIVE THE OPPORTUNITY TO THE ASSESSEE OF HEARING THE APPE AL ON MERIT. WE ACCORDINGLY RECALL THE SAID ORDER AND FIX THE APPEAL FOR HEARIN G ON MERIT ON 18.11.2010. NO SEPARATE NOTICE OF HEARING WILL BE GIVEN TO THE PAR TIES AS NEXT DATE OF HEARING IS PRONOUNCED IN THE OPEN COURT. 4. IN THE RESULT THE M.A. IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS DAY OF 1 7TH SEPTEMBER 2010. SD/- SD/- ( J. SUDHAKAR REDDY ) ACCOUNTANT MEMBER ( R.S. PADVEKAR ) JUDICIAL MEMBER MUMBAI DATE: 17TH SEPTEMBER 2010 COPY TO:- 1) THE APPLICANT. 2) THE RESPONDENT. 3) THE CIT (A) XXI MUMBAI. 4) THE CIT CITY-21 MUMBAI. 5) THE D.R. D BENCH MUMBAI. BY ORDER / / TRUE COPY / / ASSTT. REGISTRAR I.T.A.T. MUMBAI CHAVAN* MA 327/M/2010 M/S. RAMDAS DADU POOJARI 3 SR.N. EPISODE OF AN ORDER DATE INITIALS CONCERNED 1 DRAFT DICTATED ON 17.09.2010 SR.PS 2 DRAFT PLACED BEFORE AUTHOR 17.09.2010 SR.PS 3 DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER JM/AM 4 DRAFT DISCUSSED/APPROVED BY SECOND MEMBER JM/AM 5 APPROVED DRAFT COMES TO THE SR.PS/PS SR.PS/PS 6 KEPT FOR PRONOUNCEMENT ON SR.PS/PS 7 FILE SENT TO THE BENCH CLERK SR.PS/PS 8 DATE ON WHICH FILE GOES TO THE HEAD CLERK 9 DATE OF DISPATCH OF ORDER