Appeal Details
| RSA Number | 39719924 RSA 2010 |
|---|---|
| Assessee PAN | AAAFD4566E |
| Bench | Mumbai |
| Appeal Number | MA 397/MUM/2010 |
| Duration Of Justice | 2 month(s) 5 day(s) |
| Appellant | DEPCO INDUSTRIES, |
| Respondent | ITO 24(1)(1), |
| Appeal Type | Miscellaneous Application |
| Pronouncement Date | 27-08-2010 |
| Appeal Filed By | Assessee |
| Order Result | Allowed |
| Bench Allotted | D |
| Tribunal Order Date | 27-08-2010 |
| Assessment Year | 2004-2005 |
| Appeal Filed On | 21-06-2010 |
| Judgment Text |
IN THE INCOME TAX APPELLATE TRIBUNAL 'D' BENCH MUMBAI BEFORE SHRI D.K. AGARWAL JUDICIAL MEMBER AND SHRI B. RAMAKOTAIAH ACCOUNTANT MEMBER MA NOS. 397 & 398/MUM/2010 (ARISING OUT OF ITA NOS. 7121 & 7122/MUM/2008) (ASSESSMENT YEAR: 2004-05 & 2005-06) M/S. DEPCO INDUSTRIES INCOME TAX OFFICER - 24(1)(4 ) 1001 MANISH TOWER MANISH NAGAR C-13 PRATYAKSHKAR BHAVAN 4-BUNGLOW ANDHERI (W) VS. BANDRA KURLA COMPLEX MUMBAI 400059 BANDRA (E) MUMBAI 400051 PAN - AAAFD 4566 E APPELLANT RESPONDENT APPELLANT BY: SHRI SANJEEV M. SHAH RESPONDENT BY: SHRI SHRAVAN KUMAR O R D E R PER B. RAMAKOTAIAH A.M. THE ASSESSEE THROUGH THESE MISCELLANEOUS APPLICATIO NS REQUESTS THE TRIBUNAL TO RECALL THE EXPARTE ORDER DATED 08.10.20 09 PASSED FOR NON- APPEARANCE OF THE ASSESSEE ON THE DATE OF HEARING I.E. 30.09.2009. 2. THE LEARNED COUNSEL FOR THE ASSESSEE REFERRING TO T HE MISCELLANEOUS APPLICATION AND AFFIDAVIT FILED BY THE ASSESSEE EXP LAINED THE REASONS FOR SUCH NON-APPEARANCE ON THE APPOINTED DATE DUE TO NON RE CEIPT OF NOTICE ISSUED VIDE REGISTERED POST. 3. AFTER HEARING BOTH THE SIDES AND AFTER GOING THROUG H THE CONTENTS OF THE MISCELLANEOUS APPLICATION AS WELL AS THE AFFIDA VIT OF THE ASSESSEE WE FIND THAT THERE WAS A REASONABLE CAUSE ON THE PART OF TH E ASSESSEE FOR SUCH NON- APPEARANCE ON THE APPOINTED DATE. WE THEREFORE RE CALL THE ORDER OF THE TRIBUNAL DATED 08.10.2009 AND FIX THE HEARING OF TH E APPEALS ON 26 TH OCTOBER 2010 WHICH WAS ANNOUNCED IN THE OPEN COURT . SINCE THE DATE OF MA NO. 397&398/MUM/2010 M/S. DEPCO INDUSTRIES 2 HEARING IS ANNOUNCED IN THE OPEN COURT NO SEPARATE NOTICE OF HEARING SHALL BE SENT TO WHICH BOTH THE PARTIES AGREED. 4. IN THE RESULT MISCELLANEOUS APPLICATIONS FILED BY THE ASSESSEE ARE ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 27 TH AUGUST 2010. SD/- SD/- (D.K. AGARWAL) (B. RAMAKOTAIAH) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI DATED: 27 TH AUGUST 2010 COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT(A) XXIV MUMBAI 4. THE CIT XXIV MUMBAI CITY 5. THE DR D BENCH ITAT MUMBAI BY ORDER //TRUE COPY// ASSISTANT REGISTRAR ITAT MUMBAI BENCHES MUMBAI N.P.
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