DHANLAXMI EXPORTS FABRICS P. LTD, v. ITO WD 4(1)(4),

MA 376/MUM/2010 | 2006-2007
Pronouncement Date: 27-08-2010 | Result: Allowed

Appeal Details

RSA Number 37619924 RSA 2010
Assessee PAN AABCD1413A
Bench Mumbai
Appeal Number MA 376/MUM/2010
Duration Of Justice 2 month(s) 13 day(s)
Appellant DHANLAXMI EXPORTS FABRICS P. LTD,
Respondent ITO WD 4(1)(4),
Appeal Type Miscellaneous Application
Pronouncement Date 27-08-2010
Appeal Filed By Assessee
Order Result Allowed
Bench Allotted SMC
Tribunal Order Date 27-08-2010
Assessment Year 2006-2007
Appeal Filed On 14-06-2010
Judgment Text
1 MA NO376/M/2010 IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH SMC MUMBAI BEFORE SHRI T R SOOD AM & SHRI R S PADVEKAR JM MA NO. 376/MUM/2010 ARISING OUT OF ITA NO. 1636/MUM/2010 (ASSESSMENT YEAR 2006-07 ) M/S DHANLAXMI EXPORTS FABRICS P LTD C J HOUSE 2 ND FLOOR 285 PRINCES ST MUMBAI 400 002 VS THE INCOME TAX OFFICER WARD 4(1)(4) MUMBAI (APPELLANT) (RESPONDENT) PAN AABCD1413A ASSESSEE BY: SHRI VIJAY MEHTA REVENUE BY: SHRI R M TIWARI O R D E R PER R S PADVEKAR: THE ASSESSEE HAS FILED THIS MISCELLANEOUS APPLICATI ON WITH PRAYER TO RECALL THE ORDER OF THE TRIBUNAL IN ITA NO.1636/MUM /2010 DATED 26.5.2010 DISMISSING THE APPEAL OF THE ASSESSEE FOR NON PROSE CUTION. 2 THE ASSESSEE FILED AFFIDAVIT AND THE SAME IS PLAC ED ON RECORD. 3 WE HAVE HEARD THE PARTIES. THE APPEAL WAS FIXED FOR HEARING ON 26.5.2010. BUT THE ASSESSEE REMAINED ABSENT ON THE DATE OF HEARING. 4 WE HAVE PERUSED THE REASONS GIVEN IN THE APPLIC ATION AND ALSO THE AFFIDAVIT FILED BY THE ASSESSEE AND WE ARE SATISFIE D THAT THERE WAS REASONABLE CAUSE FOR NON ATTENDANCE OF THE ASSESSEE OR HIS COU NSEL/A.R. ON THE DATE OF HEARING. WE THEREFORE RECALL OUR ORDER IN ITA NO. 1636/MUM/2010 DATED 26.5.2010. 2 MA NO376/M/2010 5 THE APPEAL IS FIXED FOR HEARING ON MERIT ON 5 TH SEPT 2010. SINCE THE DATE OF HEARING WAS PRONOUNCED IN THE OPEN COURT IN THE PRESENCE OF BOTH THE PARTIES THEREFORE NO SEPARATE NOTICES WILL BE ISSUED TO THE PARTIES. THE REGISTRY IS DIRECTED TO FIX THE APPEAL ACCORDINGLY FOR HEARING. 5 IN THE RESULT THE MISCELLANEOUS APPLICATION FILE D BY THE ASSESSEE IS ALLOWED. ORDER PRONOUNCED ON THE 27 TH DAY OF AUG 2010. SD/- SD/- ( T R SOOD ) ACCOUNTANT MEMBER (R S PADVEKAR ) JUDICIAL MEMBER PLACE: MUMBAI : DATED:27 TH AUG 2010 RAJ* COPY FORWARDED TO: 1 APPELLANT 2 RESPONDENT 3 CIT 4 CIT(A) 5 DR /TRUE COPY/ BY ORDER DY /AR ITAT MUMBAI