MILAN TRADERS, v. ITO WD 13(3)(1),

MA 366/MUM/2010 | 1999-2000
Pronouncement Date: 20-10-2010 | Result: Allowed

Appeal Details

RSA Number 36619924 RSA 2010
Assessee PAN AAEFM8379G
Bench Mumbai
Appeal Number MA 366/MUM/2010
Duration Of Justice 4 month(s) 10 day(s)
Appellant MILAN TRADERS,
Respondent ITO WD 13(3)(1),
Appeal Type Miscellaneous Application
Pronouncement Date 20-10-2010
Appeal Filed By Assessee
Order Result Allowed
Bench Allotted E
Tribunal Order Date 20-10-2010
Assessment Year 1999-2000
Appeal Filed On 09-06-2010
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL E BENCH: MUMBAI BEFORE SHRI S.V. MEHROTRA ACCOUNTANT MEMBER AND SHRI R.S. PADVEKAR JUDICIAL MEMBER MISC. APPLICATION NO.366/MUM/2010 (IN ITA NO.1751/MUM/2006 FOR A.Y. 1999-2000) M/S. MILAN TRADERS SHOP NO.G-20 NEW ANANT BHUVAN BHAT BAZAR MUMBAI -400 009 APPLICANT VS INCOME TAX OFFICER 13(3)(1) MUMBAI ..RESPONDENT PAN: AAEFM 8379 G APPLICANT BY: SHRI DHARMESH SHAH RESPONDENT BY: SHRI R.S. SRIVASTAVA O R D E R PER R.S. PADVEKAR JM THIS MISCELLANEOUS APPLICATION (MA) IS FILED AGAINS T THE EX-PARTE ORDER OF THE TRIBUNAL DATED 11TH JUNE 2008 IN ITA NO.1751/MU M/2006 DISMISSING THE ASSESSEES APPEAL. 2. IN THIS CASE THE ASSESSEES APPEAL BEING ITA 175 1/MUM/2006 WAS DISMISSED VIDE ORDER DATED 11.6.2008 FOR THE REASON THAT ASSESSEE IS NOT INTERESTED IN PROSECUTING THE APPEAL. THE LD. COUN SEL SUBMITS THAT FOR THE REASONS MENTIONED IN THE AFFIDAVIT THE ASSESSEE CO ULD NOT REMAIN PRESENT ON MA 366/M/2010 M/S. MILAN TRADERS 2 THAT DAY. HE THEREFORE PRAYED FOR RECALLING THE ORDER. WE HAVE ALSO HEARD THE LD. DR. 3. WE HAVE HEARD THE PARTIES AND PERUSED THE RECORD . WE ARE OF THE OPINION THAT THE ASSESSEE HAS SATISFACTORILY EXPLAINED THE REASONS FOR NON-ATTENDANCE ON THE DATE OF HEARING. WE THEREFORE RECALL THE EX-PARTE ORDER PASSED IN ITA NO.1751/MUM/2006 DT. 11/06/08 FOR AY 1999-2000. TH E REGISTRY IS DIRECTED TO FIX THIS APPEAL FOR HEARING ON 24TH SEPTEMBER 2010 AND THE DATE FIXED FOR HEARING OF THIS APPEAL IS PRONOUNCED IN THE OPEN COURT. NO SEPARATE NOTICE OF HEARING WILL BE SENT TO THE PARTIES. 4. IN THE RESULT MISCELLANEOUS APPLICATION IS ALLO WED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS DAY OF 2 0TH OCTOBER 2010. SD/- SD/- ( S.V. MEHROTRA ) ACCOUNTANT MEMBER ( R.S. PADVEKAR ) JUDICIAL MEMBER MUMBAI DATE: 20TH OCTOBER 2010 COPY TO:- 1) THE APPLICANT. 2) THE RESPONDENT. 3) THE CCIT (A) -XIII MUMBAI. 4) THE CIT CITY - XIII MUMBAI. 5) THE D.R. E BENCH MUMBAI. BY ORDER / / TRUE COPY / / ASSTT. REGISTRAR I.T.A.T. MUMBAI CHAVAN* MA 366/M/2010 M/S. MILAN TRADERS 3 SR.N. EPISODE OF AN ORDER DATE INITIALS CONCERNED 1 DRAFT DICTATED ON 01.08.2010 SR.PS 2 DRAFT PLACED BEFORE AUTHOR 03.08.2010 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