HARESH N. PATEL, v. ACIT CEN CIR 13,

MA 482/MUM/2010 | 2007-2008
Pronouncement Date: 01-10-2010 | Result: Allowed

Appeal Details

RSA Number 48219924 RSA 2010
Assessee PAN ABAPP6691F
Bench Mumbai
Appeal Number MA 482/MUM/2010
Duration Of Justice 2 month(s) 2 day(s)
Appellant HARESH N. PATEL,
Respondent ACIT CEN CIR 13,
Appeal Type Miscellaneous Application
Pronouncement Date 01-10-2010
Appeal Filed By Assessee
Order Result Allowed
Bench Allotted H
Tribunal Order Date 01-10-2010
Assessment Year 2007-2008
Appeal Filed On 29-07-2010
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH H MUMBAI BEFORE SHRI A.L. GEHLOT A.M. AND SHRI V. DURGA RAO J.M. M.A. NO. 482/M/10 (IN ITA NO. 4017/M/09 ASSESSMENT YEAR: 2007-08) SHRI HARESH N. PATEL APPLICANT A-1202 PRESIDENT PARK SECTOR 29 VASHI NAVI MUMBAI 400 706 (PAN ABAPP6691F) VS. THE ASSTT. COMMISSIONER OF INCOME-TAX RESPONDE NT CENTRAL CIRCLE 13 AAYAKAR BHAVAN M.K. ROAD MUMBAI 400 020. APPLICANT BY : MR. SANJAY PARIKH RESPONDENT BY : MR. S.K. SINGH ORDER PER A.L. GEHLOT A.M.: THIS MISCELLANEOUS APPLICATION FILED BY THE ASSESSE E ARISES OUT OF THE ORDER OF ITAT C BENCH MUMBAI BENCHES MUM BAI IN APPEALS ITA NOS. 4016 & 4017/M/2009 DATED 27 TH APRIL 2010 WHICH WAS PASSED EX-PARTE BY THE ITAT. THE ASSESSEE IN THE MA BESIDES MENTIONING THE REASONS FOR NOT ATTENDING THE HEARIN G OF HIS CASE REQUESTED THAT NON ATTENDANCE ON THE DATE OF HEARIN G WAS OUT OF INADVERTENCE AND NOT AS THE ASSESSEE DISINTERESTED IN PROSECUTION OF APPEAL. 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 M.A. NO. 482/M/10 HARESH N. PATEL 2 (SUPRA) IS RECALLED. THE REGISTRY IS DIRECTED TO F IX THE APPEAL ON 25.11.2010 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 1 ST OCTOBER 2010. SD/- SD/- (V. DURGA RAO) (A.L. GEHLOT) JUDICIAL MEMBER ACCOUNTANT MEMB ER DATED: 1 ST OCTOBER 2010 COPY TO:- 1) THE APPELLANT. 2) THE RESPONDENT. 3) THE CIT (A) CONCERNED. 4) THE CIT CONCERNED. 5) THE DEPARTMENTAL REPRESENTATIVE H BENCH I.T .A.T. MUMBAI. BY ORDER //TRUE COPY// ASST. REGISTRAR I.T.A.T. MUMBAI. KV S.NO. DESCRIPTION DATE INTLS 1. DRAFT DICTATED ON 01/10/10 SR.P.S./P.S 2. DRAFT PLACED BEFORE AUTHOR 01/10/10 SR.P.S/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.P.S./PS SR.P.S./P.S 6. KEPT FOR PRONOUNCEMENT ON SR. P.S./P.S. 7. FILE SENT TO THE BENCH CLERK SR.P.S./P.S 8 DATE ON WHICH FILE GOES TO THE HEAD CLERK 9 DATE OF DISPATCH OF ORDER