MOHANKUMAR PANDURANG PATIL, v. ASST 25(3),

MA 492/MUM/2011 | 2005-2006
Pronouncement Date: 17-02-2012 | Result: Allowed

Appeal Details

RSA Number 49219924 RSA 2011
Assessee PAN AGHPP3382K
Bench Mumbai
Appeal Number MA 492/MUM/2011
Duration Of Justice 4 month(s) 14 day(s)
Appellant MOHANKUMAR PANDURANG PATIL,
Respondent ASST 25(3),
Appeal Type Miscellaneous Application
Pronouncement Date 17-02-2012
Appeal Filed By Assessee
Order Result Allowed
Bench Allotted B
Tribunal Order Date 17-02-2012
Assessment Year 2005-2006
Appeal Filed On 03-10-2011
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH: MUMBAI BEFORE SHRI R.S. SYAL ACCONTANT MEMBER AND SHRI R.S. PADVEKAR JUDICIAL MEMBER MA NO.492/MUM/2011 ARISING OUT OF ITA NO.1164/M/2009 FOR A.Y. 2005-06 MOHANKUMAR PANDURANG PATIL 403 PURVA (S-A) WESTERN EXPRESS HIGHWAY AASHA NAGAR KANDAVALI (E) MUMBAI -400 101 ....... APPLICANT VS ACIT 25(3) BANDRA KURLA COMPLEX MUMBAI ..... RESPONDENT PAN: AGHPP 3382 K APPLICANT BY: SHRI KESHAV B. BHUJLE RESPONDENT BY: SHRI V.V. SHASTRI DATE OF HEARING: 17.02.2012 DATE OF PRONOUNCEMENT: 17.02.2012 O R D E R PER R.S. PADVEKAR JM THIS MISC. APPLICATION IS FILED BY THE ASSESSEE WIT H A PRAYER THAT THE ORDER PASSED BY THE TRIBUNAL IN THE ASSESSEES APPEAL BEING ITA NO.1164/MUM/2009 DATED 26TH FEBRUARY 2010 MAY BE R ECALLED. THE ASSESSEE HAS ALSO FILED AN AFFIDAVIT TO SUPPORT THE FACTS STATED IN THE APPLICATION. 2. THE ASSESSEE HAD FILED AN APPEAL FOR THE A.Y. 20 05-06 BEING ITA NO.1164/MUM/2009 AND THE SAID APPEAL WAS DISPOSED O FF DISMISSING THE SAME VIDE ORDER DATED 26.02.2010 ON THE REASON THAT THE ASSESSEE WAS NOT INTERESTED IN PROSECUTING THE APPEAL. MA 492/MUM/2011 MOHANKUMAR PANDURANG PATIL 2 3. WE HAVE HEARD THE LD. COUNSEL AS WELL AS THE LD. D.R. THE LD. COUNSEL SUBMITS THAT THE ASSESSEE HAD NOT RECEIVED A NOTICE OF HEARING AND HENCE THERE WAS NO DELIBERATE LAPSE ON THE PART OF THE ASSESSEE TO ATTEND THE HEARING. 4. WE ARE CONVINCED THAT THERE IS NO DELIBERATE ATT EMPT ON THE PART OF THE ASSESSEE FOR NON-ATTENDANCE OF THE APPEAL ON 26.02.2010 HENCE WE RECALL THE SAID ORDER AND FIX THE APPEAL FOR HEA RING ON 22.03.2012. NO SEPARATE NOTICE OF HEARING WILL BE ISSUED TO BOT H THE PARTIES AS THE DATE OF THE HEARING IS PRONOUNCED IN THE OPEN COURT IN THE PRESENCE OF THE PARTIES. 5. IN THE RESULT THE MISC. APPLICATION IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 17TH FEBRUARY 2012. SD/- ( R.S. SYAL ) ACCOUNTANT MEMBER SD/- ( R.S. PADVEKAR ) JUDICIAL MEMBER MUMBAI DATE: 17TH FEBRUARY 2012 COPY TO:- 1) THE APPELLANT. 2) THE RESPONDENT. 3) THE CIT (A)XXV MUMBAI 4) THE CIT- M.C. 25 MUMBAI. 5) THE D.R. B BENCH MUMBAI. BY ORDER / / TRUE COPY / / ASSTT. REGISTRAR I.T.A.T. MUMBAI *CHAVAN