GLEG ENGINEERS P. LTD, v. ITO 9(1)(4),

MA 355/MUM/2010 | 2005-2006
Pronouncement Date: 02-07-2010 | Result: Allowed

Appeal Details

RSA Number 35519924 RSA 2010
Assessee PAN AAACG8338G
Bench Mumbai
Appeal Number MA 355/MUM/2010
Duration Of Justice 1 month(s)
Appellant GLEG ENGINEERS P. LTD,
Respondent ITO 9(1)(4),
Appeal Type Miscellaneous Application
Pronouncement Date 02-07-2010
Appeal Filed By Assessee
Order Result Allowed
Bench Allotted G
Tribunal Order Date 02-07-2010
Assessment Year 2005-2006
Appeal Filed On 01-06-2010
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES G MUMBAI BEFORE SHRI R.S.SYAL AM AND SHRI VIJAY PAL RAO JM M.A.NO.355/MUM/2010 (ARISING OUT OF ITA NO.321/MUM/2009 : ASST.YEAR 200 5-2006) M/S.GLEG ENGINEERS PRIVATE LIMITED 303 DHEERAJ PLAZA HILL ROAD BANDRA (WEST) MUMBAI 400 050. PA NO.AAACG8338G. VS. THE INCOME TAX OFFICER WARD 9(1)(4) MUMBAI. (APPLICANT) (RESPONDENT) APPLICANT BY : SHRI A.K.LAL RESPONDENT BY : SHRI SUMEET KUMAR O R D E R PER R.S.SYAL AM : THIS MISCELLANEOUS APPLICATION U/S.254(2) OF THE IN COME-TAX ACT 1961 HAS BEEN MOVED BY THE ASSESSEE PRAYING FOR THE RECALLIN G OF THE EX PARTE ORDER OF THE TRIBUNAL DATED 12 TH APRIL 2010 IN ITA NO.321/MUM/2009. THE LEARNED CO UNSEL FOR THE ASSESSEE STATED THAT THE TRIBUNAL HAS DISMI SSED THE APPEAL OF THE ASSESSEE IN LIMINE FOR WANT OF PROSECUTION. THE LEARNED COUNSEL FURTHE R CONTENDED THAT THE ASSESSEE WAS PREVENTED BY REASONABLE CAUSE FROM BEI NG PRESENT ON THE DATE OF HEARING. IN SUPPORT OF HIS SUBMISSION AN AFFIDAVIT OF THE DIRECTOR OF THE ASSESSEE COMPANY DATED 19 TH MAY 2010 WAS FILED. THE LEARNED D.R. DID NOT RAI SE ANY SERIOUS OBJECTION TO IT. 2. WE HAVE HEARD THE RIVAL PARTIES AND PERUSED THE RELEVANT MATERIAL ON RECORD. WE ARE SATISFIED WITH THE REASONS FOR THE ABSENCE O F 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 13.07.2010. NO SEPARATE NOTICE NEED BE SENT TO THE ASSESSEE AS THE PRONOUNCEMENT TO THIS EFFECT WAS MADE IN THE OPEN COURT AND THE LEARNED A.R. HAS WAIVED HIS RIGHT TO SEPARATE NOTICE. MA NO.355/MUM/2010 M/S.GLEG ENGINEERS PRIVATE LIMITED. 2 3. IN THE RESULT THE MISCELLANEOUS APPLICATION IS ALLOWED. ORDER PRONOUNCED ON THIS 2 ND DAY OF JULY 2010. SD/- SD/- (VIJAY PAL RAO) (R.S.SYAL) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI : 2 ND JULY 2010. DEVDAS* COPY TO : 1. THE APPLICANT. 2. THE RESPONDENT. 3. THE CIT CONCERNED 4. THE CIT(A) - IX MUMBAI. 5. THE DR/ITAT MUMBAI. 6. GUARD FILE. TRUE COPY. BY ORDER ASSISTANT REGISTRAR ITAT MUMBAI.