TRIUMPH INTERNATIONAL FIANANCE INDIA LTD, v. ACIT CEN CIR 40,

MA 36/MUM/2010 | 2004-2005
Pronouncement Date: 21-04-2010 | Result: Allowed

Appeal Details

RSA Number 3619924 RSA 2010
Assessee PAN AAACT2152P
Bench Mumbai
Appeal Number MA 36/MUM/2010
Duration Of Justice 3 month(s)
Appellant TRIUMPH INTERNATIONAL FIANANCE INDIA LTD,
Respondent ACIT CEN CIR 40,
Appeal Type Miscellaneous Application
Pronouncement Date 21-04-2010
Appeal Filed By Assessee
Order Result Allowed
Bench Allotted E
Tribunal Order Date 21-04-2010
Assessment Year 2004-2005
Appeal Filed On 20-01-2010
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH E MUMBAI. BEFORE SHRI N.V. VASUDEVAN JUDICIAL MEMBER AND SHRI J. SUDHAKAR REDDY ACCOUNTANT MEMBER M.A. NO. 36/ MUM/2010. (IN ITA NO. 278 3/MUM/2008) ASSESSMENT YEAR : 2004-05. TRIUMPH SECURITIES LTD. ASSTT. COMMISSIONER OF RADHA BHUVAN 1 ST FLOOR VS. INCOME TAX 121 NAGINDAS MASYTER ROAD CENT RAL CIRCLE-40 FORT MUMBAI-23 MUMBAI. PAN : AAACT2152P. APPLICANT RESPONDENT APPLICANT BY : SHRI RAJIV KHANDELWAL. RESPONDENT BY : DR. P. DANIEL. O R D E R PER J. SUDHAKAR REDDY A.M. BY THIS MISCELLANEOUS APPLICATION THE ASSESSEE SU BMITS THAT THE ASSESSEES REPRESENTATIVE MR. MAHENDRA VEDRE WA S VERY MUCH PRESENT IN THE COURT ROOM ON THE DATE OF HEARING. HE HAS MI SSED OUT ON THE NAME WHEN THE SAME WAS CALLED OUT AND HAD WAITED IN THE COURT ROOM TILL THE RAISING OF THE COURT. AN AFFIDAVIT HAS BEEN FILED B Y THE EMPLOYEE MR. MAHENDRA VEDRE JUSTIFYING THE ABOVE. 2. THE LEARNED COUNSEL FOR THE ASSESSEE SUBMITTED THAT TWO APPEALS WERE POSTED FOR HEARING ON 4 TH JUNE 2009 IN THE CASE OF NH SECURITIES P. LTD. AN ASSOCIATED CONCERN OF THE AS SESSEE AND THE OFFICE STAFF DULY ATTENDED THE HEARING OF THE ASSOCIATE CO NCERN TO SEEK AN ADJOURNMENT AND IT WAS BY MISTAKE THAT THE ACCOUN TANT OF THE COMPANY 2 MISSED OUT WHEN THE MATTER WAS CALLED FOR HEARING. HE ALSO CLARIFIED THAT THE ASSESSEE HAD REMOVED THE DEFECT OF SHORT PAYMEN T OF FILING FEES AND HAD PAID THE BALANCE. HE PRAYED THAT THE ORDER OF T HE TRIBUNAL MAY BE RECALLED AS THE SAME WAS DISMISSED FOR NON PROSECUT ION. 3. DR. P. DANIEL LEARNED SENIOR COUNSEL FOR THE R EVENUE OPPOSED THE CONTENTIONS. 4. AFTER HEARING THE RIVAL CONTENTIONS WE ARE OF THE CONSIDERED OPINION THAT THE ASSESSEE WAS PREVENTED BY REASONAB LE CAUSE FROM APPEARING BEFORE THE TRIBUNAL ON THE DATE OF HEARIN G. THUS IN VIEW OF THE PROVISO OF RULE 24 OF THE ITAT RULES WE RECALL THE ORDER DATED 9 TH JUNE 2009. WE DIRECT THE REGISTRY TO FIX THE CASE FOR HE ARING ON 14 TH JUNE 2010. AS THIS DATE HAS BEEN PRONOUNCED IN THE OPEN COURT NO SEPARATE NOTICE FOR HEARING SHALL BE GIVEN. 5. IN THE RESULT THE MISCELLANEOUS APPLICATION OF THE ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN COURT ON 21-04-10 SD/- SD/- ( N.V.VASUDEVAN) (J. SUDHAKAR REDDY) JUDICIAL MEMBER. ACCOUNTANT MEMBER. MUMBAI DATED : 21 ST APRIL 2010. COPY FORWARDED TO : 1. APPLICANT. 2. RESPONDENT 3. C.I.T. 4. CIT(A) 5. DR E-BENCH. (TRUE COPY) BY ORDER ASSTT. REGISTRAR ITAT MUMBAI BENCHES MUMBAI.