VIPIN CHINUBHAI INVESTMENTS PVT. LTD, v. ASST. CIT CIR 5(3),

MA 488/MUM/2010 | 2005-2006
Pronouncement Date: 01-10-2010 | Result: Allowed

Appeal Details

RSA Number 48819924 RSA 2010
Assessee PAN AABCV0608B
Bench Mumbai
Appeal Number MA 488/MUM/2010
Duration Of Justice 1 month(s) 30 day(s)
Appellant VIPIN CHINUBHAI INVESTMENTS PVT. LTD,
Respondent ASST. CIT CIR 5(3),
Appeal Type Miscellaneous Application
Pronouncement Date 01-10-2010
Appeal Filed By Assessee
Order Result Allowed
Bench Allotted F
Tribunal Order Date 01-10-2010
Assessment Year 2005-2006
Appeal Filed On 02-08-2010
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH H MUMBAI BEFORE SHRI D. MANMOHAN V.P. AND SHRI A.L. GEHLOT A.M. M.A. NO. 488/M/10 (IN ITA NO. 5972/M/09 ASSESSMENT YEAR: 2005-06) M/S VIPIN CHINUBHAI INVESTMENTS PVT. LTD. APPLICANT 12 KALPAVRUKSHA APARTMENTS 27 BG KHER MARG MUMBAI 400 006 (PAN AABCV 0608 B) VS. THE ASSTT. COMMISSIONER OF INCOME-TAX RESPONDE NT CIRCLE 5(3) AAYAKAR BHAVAN M.K. ROAD MUMBAI 400 020. APPLICANT BY : MR. HITEN VASANT RESPONDENT BY : MR. D. SONGATE ORDER PER A.L. GEHLOT A.M.: THIS MISCELLANEOUS APPLICATION FILED BY THE ASSESSE E ARISES OUT OF THE ORDER OF ITAT F BENCH MUMBAI BENCHES MUM BAI IN APPEALS ITA NOS. 5972/M/2009 DATED 29 TH JUNE 2010 WHICH WAS PASSED EX- PARTE BY THE ITAT. THE ASSESSEE IN THE MA BESIDES MENTIONING THE REASONS FOR NOT ATTENDING THE HEARING OF HIS CASE REQUESTED THAT NON ATTENDANCE ON THE DATE OF HEARING WAS OUT OF INADVE RTENCE 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 (SUPRA) IS RECALLED. THE REGISTRY IS DIRECTED TO F IX THE APPEAL ON ITA NO. 488/MUM/2010 M/S VIPIN CHINUBHAI INVESTMENTS PVT. LTD. 2 23.12.2010 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/- (D. MANMOHAN) (A.L. GEHLOT) VICE PRESIDENT ACCOUNTANT MEMBER 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