PARAG S. DAKI, v. ITO (HQ)(CIB),

MA 354/MUM/2011 | 2005-2006
Pronouncement Date: 18-11-2011 | Result: Allowed

Appeal Details

RSA Number 35419924 RSA 2011
Assessee PAN ANJOD4508L
Bench Mumbai
Appeal Number MA 354/MUM/2011
Duration Of Justice 4 month(s) 19 day(s)
Appellant PARAG S. DAKI,
Respondent ITO (HQ)(CIB),
Appeal Type Miscellaneous Application
Pronouncement Date 18-11-2011
Appeal Filed By Assessee
Order Result Allowed
Bench Allotted C
Tribunal Order Date 18-11-2011
Assessment Year 2005-2006
Appeal Filed On 29-06-2011
Judgment Text
MA NO 354 OF 2011 PARAG S. DAKI THANE PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL 'C' BENCH MUMBAI BEFORE SHRI D.K. AGARWAL JUDICIAL MEMBER AND SHRI B. RAMAKOTAIAH ACCOUNTANT MEMBER M.A.NO.354/MUM/2011 (ARISING OUT OF ITA NO.5608/MUM/2009) (ASSESSMENT YEAR: 2005-06) SHRI PARAG S. DAKI VS INCOME TAX OFFICER WAGHBIL KASARVADAVALI (HQ)(CIB) 60/61 GODHBUNDER ROAD PRAPTIKAR SADAN THANE 400601 ERANDWANE KARVE ROAD PAN ANJOD 4508 L PUNE 411 004 APPELLANT RESPONDENT APPELLANT BY: M/S K PODDAR AND SONS RESPONDENT BY: SHRI C.G.K.NAIR DR DATE OF HEARING: 18/11/2011 DATE OF PRONOUNCEMENT: 18/11/2011 O R D E R PER B. RAMAKOTAIAH A.M. THE ASSESSEE THROUGH THIS MISCELLANEOUS APPLICATION REQUESTS THE TRIBUNAL TO RECALL THE EX-PARTE ORDER DT. 09-09 -10 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 TH E ASSESSEE EXPLAINED THE REASONS FOR SUCH NON-APPEARANCE ON TH E APPOINTED DATE. 3. AFTER HEARING BOTH THE SIDES AND AFTER GOING THROUG H THE CONTENTS OF THE MISCELLANEOUS APPLICATION AS WELL A S THE AFFIDAVIT OF MA NO 354 OF 2011 PARAG S. DAKI THANE PAGE 2 OF 2 THE ASSESSEE WE FIND THERE WAS A REASONABLE CAUSE O N THE PART OF THE ASSESSEE FOR SUCH NON-APPEARANCE ON THE APPOINTED D ATE. WE THEREFORE RECALL THE ORDER OF THE TRIBUNAL AND FIX THE HEARING OF THE APPEAL ON 09/01/2012 WHICH WAS ANNOUNCED IN THE OP EN COURT. IT WAS ALSO ANNOUNCED THAT NO SEPARATE NOTICE OF HEARI NG 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 18TH NOVEMBER 2011. SD/- SD/- (D.K.AGARWAL) (B. RAMAKOTAIAH) JUDICIAL MEMBER ACCOUNTANT MEMBER VINODAN/SPS MUMBAI DATED 18TH NOVEMBER 2011. COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CONCERNED CIT(A) 4. THE CONCERNED CIT 5. THE DR C BENCH ITAT MUMBAI BY ORDER ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES MUMBAI