JHUNJHUNWALA STOCK BROKERS P. LTD, v. ASST CIT 4(3),

MA 603/MUM/2010 | 2003-2004
Pronouncement Date: 22-12-2010 | Result: Allowed

Appeal Details

RSA Number 60319924 RSA 2010
Assessee PAN AAACJ7576M
Bench Mumbai
Appeal Number MA 603/MUM/2010
Duration Of Justice 2 month(s) 10 day(s)
Appellant JHUNJHUNWALA STOCK BROKERS P. LTD,
Respondent ASST CIT 4(3),
Appeal Type Miscellaneous Application
Pronouncement Date 22-12-2010
Appeal Filed By Assessee
Order Result Allowed
Bench Allotted J
Tribunal Order Date 22-12-2010
Assessment Year 2003-2004
Appeal Filed On 12-10-2010
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL 'J' BENCH MUMBAI BEFORE SHRI R.S. PADVEKAR JUDICIAL MEMBER AND SHRI B. RAMAKOTAIAH ACCOUNTANT MEMBER MA NO. 603/MUM/2010 (ARISING OUT OF ITA NO. 7173/MUM/2007) (ASSESSMENT YEAR: 2003-04) M/S. JHUNJHUNWALA STOCK BROKERS ACIT 4(3) P. LTD. 16 KHATAU BUILDINGS ANNEX AAYAKAR BHAVAN M.K. ROAD ALKESH MODI MARG FORT VS. MUMBAI 400020 MUMBAI 400023 PAN - AAACJ 7576 M APPELLANT RESPONDENT APPELLANT BY: SHRI HARESH P. SHAH RESPONDENT BY: SHRI R.S. SRIVASTAVA 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 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 DATED 27 TH AUGUST 2010 AND FIX THE HEARING OF THE APPEAL ON 8 TH FEBRUARY 2011 WHICH WAS ANNOUNCED IN THE OPEN COUR T. IT WAS ALSO MA NO. 603/MUM/2010 M/S. JHUNJHUNWALA STOCK BROKERS P. LTD. 2 ANNOUNCED THAT 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 22 ND DECEMBER 2010. SD/- SD/- (R.S. PADVEKAR) (B. RAMAKOTAIAH) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI DATED: 22 ND DECEMBER 2010 COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT(A) IV MUMBAI 4. THE CIT IV MUMBAI CITY 5. THE DR J BENCH ITAT MUMBAI BY ORDER //TRUE COPY// ASSISTANT REGISTRAR ITAT MUMBAI BENCHES MUMBAI N.P.