MAKARAND SECURITIES LTD, v. ITO WD 2(2)(3),

MA 601/MUM/2010 | misc
Pronouncement Date: 03-12-2010 | Result: Allowed

Appeal Details

RSA Number 60119924 RSA 2010
Assessee PAN AABCM0768M
Bench Mumbai
Appeal Number MA 601/MUM/2010
Duration Of Justice 1 month(s) 22 day(s)
Appellant MAKARAND SECURITIES LTD,
Respondent ITO WD 2(2)(3),
Appeal Type Miscellaneous Application
Pronouncement Date 03-12-2010
Appeal Filed By Assessee
Order Result Allowed
Bench Allotted F
Tribunal Order Date 03-12-2010
Assessment Year misc
Appeal Filed On 12-10-2010
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES F MUMBAI BEFORE SHRI R.S.SYAL ACCOUNTANT MEMBER AND SHRI VIJAY PAL RAO JUDICIAL MEMBER MA NOS.601 AND 602/MUM/2010 IN ITA NO. 5711 AND 5712/MUM/2009 (ASSESSMENT YEARS: 1996-97 AND 1998-99) MAKARAND SECURITIES LIMITED 25 NAWAB BLDG 2 ND FL 327 D N ROAD MUMBAI-400001. PAN: AABCM0768M . APPLICANT VS INCOME TAX OFFICER WARD 2(2)(3) MUMBAI. .. RESPONDENT APPLICANT BY : SHRI AJAY R SINGH RESPONDENT BY : SHRI R S SRIVASTA V. O R D E R PER VIJAY PAL RAO JM BY WAY OF THESE MISCELLANEOUS APPLICATIONS THE APPLICANT ASSESSEE IS SEEKING RESTORATION OF THE APPEALS WHICH WERE DISMISSED BY AN EX-PARTE ORDER DATED 18. 06.2010 PASSED BY THIS TRIBUNAL ON THE GROUND OF NON-PROSEC UTION. 2. THE LEARNED AR OF THE ASSESSEE SUBMITTED BEFORE US THAT THE APPLICANT-ASSESSEE IS A LIMITED COMPANY ENGAG ED IN BUSINESS OF INVESTMENT AND DEALING IN SHARES. THE OFFICE OF THE ASSESSEE IS CLOSED FOR THREE YEARS. ONLY ONE DI RECTOR SHRI MA NOS.601 AND 602/MUM/2010 IN ITA NO. 5711 AND 5712/MUM/2009 (ASSESSMENT YEARS: 1996-97 AND 1998-99) 2 DINESH TONSEY AND ONE PEON IS ATTENDING THE OFFICE . THE LEARNED AR SUBMITTED THAT DURING THIS PERIOD THE DI RECTOR WAS NOT FEELING WELL AND THEREFORE HE COULD NOT ATTEND THE OFFICE. IN SUPPORT OF HIS CONTENTION HE SUBMITTED MEDICAL CERT IFICATE. THE PEON WHO WAS ATTENDING THE OFFICE ALSO LEFT FOR HIS NATIVE AND NEVER RETURNED BACK. THEREFORE THE NOTICE OF HEARI NG DATED 11.05.2010 SENT TO THE ADDRESS GIVEN IN FORM NO.36 RETURNED UN-SERVED AND MATTER REMAINED UNATTENDED. THE LEAR NED AR SUBMITTED THAT NON-ATTENDANCE ON THE PART OF THE A SSESSEE WAS NEITHER DELIBERATE NOR WITH ANY MALICIOUS INTEN TION AND THE DEFAULT WAS DUE TO UNAVOIDABLE AND BEYOND THE CONTR OL OF THE ASSESSEE-APPLICANT. THEREFORE HE SUBMITTED THAT T HE EX-PARTY ORDER BE RECALLED AND THE APPEALS BE RESTORED TO TH E FILE. 3. THE LEARNED DR OBJECTED THE CONTENTIONS AND PRA YER MADE BY THE LEARNED AR OF THE ASSESSEE. 4. WE HAVE CONSIDERED THE RIVAL CONTENTIONS AND REL EVANT RECORD. WE HAVE ALSO GONE THROUGH THE AFFIDAVIT FI LED BY THE ASSESSEE. AFTER CONSIDERING THE SUBMISSIONS WE ARE OF THE CONSIDERED VIEW THAT THE REASONS GIVEN BY THE LEARN ED AR OF THE ASSESSEE FOR RESTORATION OF THESE APPEALS ARE BONAFIDE AND THERE IS NO MALAFIDE INTENTION OF THE ASSESSEE TO TAKE UNDUE ADVANTAGE OF THE PROCEDURE. WE ARE ALSO OF T HE VIEW THAT IF ONE MORE OPPORTUNITY IS GIVEN TO THE ASSE SSEE NO PREJUDICE WOULD BE CAUSED TO THE REVENUE. THEREFOR E WE MA NOS.601 AND 602/MUM/2010 IN ITA NO. 5711 AND 5712/MUM/2009 (ASSESSMENT YEARS: 1996-97 AND 1998-99) 3 RECALL OUR ORDER DATED 18.06.2010 AND RESTORE THES E APPEALS TO THE RECORDS FOR FRESH HEARING. THE REGISTRY D IRECTED TO FIX THESE APPEALS FOR HEARING ON 18.01.2011. SINCE BOT H THE PARTIES WERE PRESENT AT THE TIME OF HEARING NO SEPA RATE NOTICE OF HEARING WOULD BE SENT TO THE CONCERNED PARTIES. 5. IN THE RESULT THE MAS FILED BY THE ASSESSEE A RE ALLOWED. THIS IS SO PRONOUNCED IN THE OPEN COURT AT THE TIME OF HEARING ITSELF I.E. ON 03.12.2010. SD SD (R.S.SYAL) (VIJAY PAL RAO) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI DATED 3 RD DEC 2010 SRL:301110 COPY TO: 1. MAKARAND SECURITIES 25 NAWAB BLDG 2 ND FL 327 D N ROAD MUMBAI-400001. 2..INCOME TAX OFFICER WARD 2(2)(3) MUMBAI. 2. CCIT-II MUMBAI. 3. CIT(A)-II MUMBAI. 4. CIT-II MUMBAI 5. DR F BENCH B Y ORDER TRUE COPY ASSTT. REGISTRAR ITAT MUMBAI