SHIVANI STELS, v. ITO WD 13(2)(4),

MA 439/MUM/2010 | 2005-2006
Pronouncement Date: 20-08-2010 | Result: Allowed

Appeal Details

RSA Number 43919924 RSA 2010
Assessee PAN AACFS2977E
Bench Mumbai
Appeal Number MA 439/MUM/2010
Duration Of Justice 1 month(s) 11 day(s)
Appellant SHIVANI STELS,
Respondent ITO WD 13(2)(4),
Appeal Type Miscellaneous Application
Pronouncement Date 20-08-2010
Appeal Filed By Assessee
Order Result Allowed
Bench Allotted E
Tribunal Order Date 20-08-2010
Assessment Year 2005-2006
Appeal Filed On 09-07-2010
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH E MUMBAI BEFORE SHRI D.K. AGARWAL J.M. AND SHRI A.L. GEHLOT A.M. M.A. NO. 439/M/10 (IN ITA NO. 6147/M/08 ASSESSMENT YEAR: 2005-06) M/S SHIVANI STEELS APPLICANT M-SA MEZZANINE FLOOR GIRIRAJ BUILDING S.T. ROAD CARNAC BUNDER MUMBAI 400 009 (PAN AACFS 2977E) VS. INCOME TAX OFFICER RESPONDENT WARD 13(2)(4) MUMBAI APPLICANT BY : MR. SATYENDRA PANDEY RESPONDENT BY : MR. SUMEET KUMAR ORDER PER A.L. GEHLOT A.M.: THIS MISCELLANEOUS APPLICATION FILED BY THE ASSESSE E ARISES OUT OF THE ORDER OF ITAT E BENCH MUMBAI BENCHES MUMBAI IN APPEAL ITA NO. 6147/M/2008 DATED 27 TH NOVEMBER 2009 IN WHICH THE APPEAL OF THE ASSESSEE WAS DISMISSED FOR ITS NO N-PROSECUTION BY THE ASSESSEE. THE ASSESSEE IN THE MA BESIDES MENTI ONING THE REASONS FOR NOT ATTENDING THE HEARING OF HIS CASE REQUESTED THAT NON ATTENDANCE ON THE DATE OF HEARING WAS OUT OF IN ADVERTENCE AND NOT AS THE ASSESSEE DISINTERESTED IN PROSECUTION OF APPEAL. TO THIS EFFECT THE ASSESSEE FILED AFFIDAVIT DATED 6 TH JULY 2010 AFFIRMING THE REASONS MENTIONED IN THE M.A. 2. WE HAVE HEARD THE LEARNED COUNSEL OF THE ASSESSE E AND THE LEARNED DR IN THE MATTER. IN VIEW OF THE ABOVE THAT THE ASSESSEE IS INTERESTED IN PROSECUTING ITS APPEAL THEREFORE TH E ORDER OF THE ITAT (SUPRA) IS RECALLED. THE REGISTRY IS DIRECTED TO FIX THE APPEAL ON 13.10.2010 FOR HEARING AND ADJUDICATING THE APPEAL ON MERITS WHICH IS ANNOUNCED IN THE OPEN COURT. 3. IN THE RESULT THE MISCELLANEOUS APPEAL FILED BY THE ASSESSEE IS ALLOWED AS INDICATED ABOVE. PRONOUNCED IN THE OPEN COURT ON 20 TH AUGUST 2010. SD/- SD/- (D.K. AGARWAL) (A.L. GEHLOT ) JUDICIAL MEMBER ACCOUNT ANT MEMBER DATED: 20 TH AUGUST 2010 COPY TO:- 1) THE APPELLANT. 2) THE RESPONDENT. 3) THE CIT (A) CONCERNED. 4) THE CIT CONCERNED. 5) THE DEPARTMENTAL REPRESENTATIVE E BENCH I.T .A.T. MUMBAI. BY ORDER //TRUE COPY// ASST. REGISTRAR I.T.A.T. MUMBAI. KV