HAWARE ENGINEERS & BUILDERS P LTD, v. ITO WD 6(3) (2),

MA 405/MUM/2010 | 2002-2003
Pronouncement Date: 20-08-2010 | Result: Allowed

Appeal Details

RSA Number 40519924 RSA 2010
Bench Mumbai
Appeal Number MA 405/MUM/2010
Duration Of Justice 1 month(s) 27 day(s)
Appellant HAWARE ENGINEERS & BUILDERS P LTD,
Respondent ITO WD 6(3) (2),
Appeal Type Miscellaneous Application
Pronouncement Date 20-08-2010
Appeal Filed By Assessee
Order Result Allowed
Bench Allotted H
Tribunal Order Date 20-08-2010
Assessment Year 2002-2003
Appeal Filed On 23-06-2010
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH H MUMBAI BEFORE SHRI J. SUDHAKAR REDDY (AM) AND SMT. ASHA VIJAYARAGHAVAN (JM) M.A. NO. 405/MUM/2010 (ARISING OUT OF ITA NO. 393/MUM/2009 ASSESSMENT YEAR-2005-06 HAWARE ENGINEERS & BUILDERS PVT. LTD. 413/416 VARDHAMAN MARKET SECTOR- 17 DBC VASHI NAVI MUMBAI-400 705 PAN-AACH2577C VS. THE ACIT CENTRAL CIR-29 AAYAKAR BHAVAN MUMBAI-400 020 (APPELLANT) (RESPONDENT) APPELLANT BY: SHRI KESHAV BHUJLE RESPONDENT BY: SHRI R.M. TIWARI O R D E R PER SMT. ASHA VIJAYARAGHAVAN (JM) BY THIS MISCELLANEOUS APPLICATION THE ASSESSEE SEE KS TO RECALL THE ORDER OF THE TRIBUNAL PASSED ON 29 TH JANUARY 2010 STATING THAT NON ATTENDANCE BEFORE THE TRIBUNAL WAS ON ACCOUNT OF NON-RECEIPT OF THE N OTICE OF HEARING. 2. WE FIND THAT THE REASON GIVEN BY THE ASSESSEE IS SATISFACTORY AND ACCORDINGLY WE ACCEPT THE SAME. WE THEREFORE RECAL L OUR ORDER DT. 29 TH JANUARY 2010 AND DIRECT THE REGISTRY TO FIX THE APPEAL FOR FRESH HEARING ON 4.10.2010. SINCE THE DATE WAS ANNOUNCED IN THE COURT NO FORMA L NOTICE WILL BE ISSUED TO THE PARTY FOR HEARING OF THIS APPEAL ON 4.10.2010. M.A.NO.405/M/10 2 3. IN THE RESULT THE MISCELLANEOUS APPLICATION FIL ED BY THE ASSESSEE IS ALLOWED. ORDER PRONOUNCED ON THIS 20 TH DAY OF AUGUST 2010 SD/- SD/- (J.SUDHAKAR REDDY) (ASHAVIJAYARAGHAVAN) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI DATED 20 TH AUGUST 2010 RJ COPY TO : 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT-CONCERNED 4. THE CIT(A)-CONCERNED 5. THE DR H BENCH TRUE COPY BY ORDER ASSTT. REGISTRAR I.T.A.T MUMBAI M.A.NO.405/M/10 3 DATE INITIALS 1 DRAFT DICTATED ON: 9.8.2010 SR. PS/PS 2. DRAFT PLACED BEFORE AUTHOR: 10.8.2010 ______ SR. PS/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: _________ ______