STERANCO HEALTH CARE P. LTD, v. ITO 5(1)(4),

MA 431/MUM/2011 | 2001-2002
Pronouncement Date: 30-03-2012 | Result: Allowed

Appeal Details

RSA Number 43119924 RSA 2011
Assessee PAN AABCS6144B
Bench Mumbai
Appeal Number MA 431/MUM/2011
Duration Of Justice 7 month(s) 11 day(s)
Appellant STERANCO HEALTH CARE P. LTD,
Respondent ITO 5(1)(4),
Appeal Type Miscellaneous Application
Pronouncement Date 30-03-2012
Appeal Filed By Assessee
Order Result Allowed
Bench Allotted SMC
Tribunal Order Date 30-03-2012
Assessment Year 2001-2002
Appeal Filed On 18-08-2011
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH SMC : MUMBAI BEFORE SHRI T.R. SOOD A.M. AND SHRI VIJAY PAL RAO J.M. MA NO.431/MUM/2011 ARISING OUT OF ITA NO.5083/MUM/2009 ASSESSMENT YEAR : 2006-07 M/S. STERANCO HEALTH CARE PVT. LTD. A-25 NANDDHAM INDUSTRIAL ESTATE MAROL MAROSHI ROAD ANDHERI (E) MUMBAI-400 059 PAN NO: AABCS 6144 B VS. DCIT CC. - 44 MUMBAI (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI ARVIND DALAL RESPONDENT BY : SHRI D. S. SUNDER SINGH DATE OF HEARING : 30.03.2012 DATE OF PRONOUNCEMENT : 30.03.2012 ORDER PER T.R. SOOD (AM) : IN THIS MISCELLANEOUS APPLICATION THE ASSESSEE HAS SOUGHT RECALLING OF THE ORDER OF TRIBUNAL THROUGH WHICH THE ASSESSEES APPEAL WAS DISMISSED IN LIMINIE. 2. THE LEARNED COUNSEL REFERRED TO THE APPLICATION AND SUBMITTED THAT THE ASSESSEE HAD NOT RECEIVED THE NOTICE AND THAT IS WH Y THE APPEARANCE COULD NOT BE MADE. HE FURTHER POINTED OUT THAT SINCE THE ASSESSEES APPEAL HAS BEEN DISMISSED IN LIMINIE WITHOUT GIVING OPPORTUNIT Y OF HEARING THEREFORE THE ORDER MAY BE RECALLED. ITA NO: 431/MUM/2011 M/S. STERANCO HEALTH CARE PVT. LTD. 2 3. THE LEARNED DR HAS NO SERIOUS OBJECTION. 4. AFTER CONSIDERING THE RIVAL SUBMISSIONS WE ARE SATISFIED THAT THE ASSESSEE HAS NOT BEEN ABLE TO ATTEND THE APPEAL PRO CEEDINGS BECAUSE NOTICE WAS NOT RECALLED BY THE ASSESSEE THEREFORE IN THE INTEREST OF JUSTICES WE RECALL OUR ORDER IN ITA NO.5083/MUM/2009. THE REGI STRY IS DIRECTED TO FIX THE APPEAL FOR HEARING ON 23.05.2012. THE ASSESSEE SHALL TAKE NOTICE FROM THIS ORDER ITSELF. 5. IN THE RESULT THE MISCELLANEOUS APPLICATION IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT AT THE TIME OF HEARING ITSELF I.E. ON 30 TH MARCH 2012. SD/- SD/- ( VIJAY PAL RAO) (T. R. SOO D) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI DT: 30.03.2012 COPY FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT 3. THE C.I.T. 4. CIT (A) 5. THE DR SMC - BENCH ITAT MUMBAI //TRUE COPY// BY ORDER ASSISTANT REGISTRAR ITAT MUMBAI BENCHES MUMBAI ROSHANI