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

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.