M/S. ORION INTERNATIONAL SUPPORT SERVICES PVT. LTD., v. DCIT CIR 7(1),

MA 55/MUM/2011 | 2005-2006
Pronouncement Date: 01-07-2011 | Result: Allowed

Appeal Details

RSA Number 5519924 RSA 2011
Assessee PAN AAACO1774E
Bench Mumbai
Appeal Number MA 55/MUM/2011
Duration Of Justice 5 month(s) 10 day(s)
Appellant M/S. ORION INTERNATIONAL SUPPORT SERVICES PVT. LTD.,
Respondent DCIT CIR 7(1),
Appeal Type Miscellaneous Application
Pronouncement Date 01-07-2011
Appeal Filed By Assessee
Order Result Allowed
Bench Allotted C
Tribunal Order Date 01-07-2011
Assessment Year 2005-2006
Appeal Filed On 21-01-2011
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL 'C' BENCH MUMBAI BEFORE SHRI D.K. AGARWAL JUDICIAL MEMBER AND SHRI B. RAMAKOTAIAH ACCOUNTANT MEMBER MA NO. 55/MUM/2011 (ARISING OUT OF ITA NO. 2324/MUM/2009) (ASSESSMENT YEAR: 2005-06) M/S. ORION INTERNATIONAL SUPPORT DCIT CIRCLE 7(1) SERVICES P. LTD. 1. DINKAR AAYAKAR BHAVAN M.K. RO AD 486 A BHAGOJI KEER MARG VS. MUMBAI 400020 MAHIM MUMBAI 400016 PAN - AAACO 1774 E APPLICANT RESPONDENT APPLICANT BY: SHRI SUBHASH SHETTY RESPONDENT BY: SHRI C.G.K. NAIR O R D E R PER B. RAMAKOTAIAH A.M. THE ASSESSEE THROUGH THIS MISCELLANEOUS APPLICATION REQUESTS THE TRIBUNAL TO RECALL THE EXPARTE ORDER PASSED IN ITA NO. 2324/MUM/2009 DATED 17.09.2010 FOR NON-APPEARANCE ON THE DATE OF HEARING. 2. THE LEARNED COUNSEL FOR THE ASSESSEE REFERRING TO T HE MISCELLANEOUS APPLICATION AND AFFIDAVIT FILED BY THE ASSESSEE EXP LAINED THE REASONS FOR SUCH NON-APPEARANCE ON THE APPOINTED DATE. 3. AFTER HEARING BOTH THE SIDES AND AFTER GOING THROUG H THE CONTENTS OF THE MISCELLANEOUS APPLICATION AS WELL AS THE AFFIDA VIT OF THE ASSESSEE WE FIND THERE WAS A REASONABLE CAUSE ON THE PART OF THE ASS ESSEE FOR SUCH NON- APPEARANCE ON THE APPOINTED DATE. WE THEREFORE RE CALL THE ORDER OF THE TRIBUNAL IN ITA NO. 2324/MUM/2009 DATED 17.09.2010 AND FIX THE HEARING OF THE APPEAL ON 12 TH SEPTEMBER 2011 WHICH WAS ANNOUNCED IN THE OPEN MA NO. 55/MUM/2011 ORION INTERNATIONAL SUPPORT SERVICES P. LTD. 2 COURT. NO SEPARATE NOTICE OF HEARING SHALL BE SENT TO WHICH BOTH THE PARTIES AGREED. 4. IN THE RESULT MISCELLANEOUS APPLICATION FILED BY T HE ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 1 ST JULY 2011. SD/- SD/- (D.K. AGARWAL) (B. RAMAKOTAIAH) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI DATED: 1 ST JULY 2011 COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT(A) VII MUMBAI 4. THE CIT VII MUMBAI CITY 5. THE DR C BENCH ITAT MUMBAI BY ORDER //TRUE COPY// ASSISTANT REGISTRAR ITAT MUMBAI BENCHES MUMBAI N.P.