ITO 14(3)(4), v. PRAKASHCHANDRA DEEPCHAND JAIN,

MA 662/MUM/2010 | 2004-2005
Pronouncement Date: 09-03-2011 | Result: Allowed

Appeal Details

RSA Number 66219924 RSA 2010
Assessee PAN AACPJ4666M
Bench Mumbai
Appeal Number MA 662/MUM/2010
Duration Of Justice 3 month(s) 29 day(s)
Appellant ITO 14(3)(4),
Respondent PRAKASHCHANDRA DEEPCHAND JAIN,
Appeal Type Miscellaneous Application
Pronouncement Date 09-03-2011
Appeal Filed By Department
Order Result Allowed
Bench Allotted K
Tribunal Order Date 09-03-2011
Assessment Year 2004-2005
Appeal Filed On 10-11-2010
Judgment Text
IN THE INCOME TAX APPELLATE TRI BUNAL MUMBAI BENCH K MUMBAI BEFORE SHRI T.R. SOOD (AM) AND SMT. ASHA VIJAYARAGH AVAN (JM) M.A.NO. 662/M/2010 (ARISING OUT OF ITA NO. 678/MUM/2008 ASSESSMENT YEAR-2004-05 THE ITO 14(3) - 4 EARNEST HOUSE NARIMAN POINT MUMBAI-400 021 VS. PRAKASHCHANDRA D. JAIN SHOP NO. 34 7 TH LANE CORNER MANGALDAS MARKET MUMBAI-400 002 PAN-AACPJ 4666M (APPELLANT) (RESPONDENT) APPELLANT BY: SHRI JITENDRA YADAV RESPONDENT BY: NONE O R D E R PER ASHA VIJAYARAGHAVAN (JM) BY THIS MISCELLANEOUS APPLICATION REVENUE REQUESTE D TO RECONSIDER THE ORDER OF THE TRIBUNAL PASSED ON 25 TH JUNE 2010 FOR THE FOLLOWING REASON: IN THIS CASE THE HONBLE ITAT K BENCH VIDE ITA N O. 678/MUM/08 DT. 25.6.2010 HAS DISMISSED THE APPEAL OF THE REVEN UE AS THE TAX EFFECT INVOLVED WAS BELOW THE PRESCRIBED LIMIT OF R S. 2 00 000/- (CBDT INSTRUCTION NO. 2705 DT. 24.10.2005). HOWEVE R ON VERIFICATION OF RECORDS THE TAX EFFECT RE-CALCULATED AT RS. 2 57 267/-. 2. NONE APPEARED ON BEHALF OF THE ASSESSEE. THE NOT ICE OF HEARING SENT BY RPAD ON 14.1.2011 TO THE ASSESSEE WHICH HAS BEEN RETURNED BY THE POSTAL AUTHORITY WITH A REMARK NOT KNOWN. TH E ASSESSEE HAS NOT INFORMED ANY OTHER ADDRESS SO AS TO ENABLE THE REGI STRY TO SERVE THE M.A. NO. 662/M/2010 2 NOTICE. HENCE WE HEARD THE DEPARTMENTAL REPRESENTA TIVE AND DECIDE THIS M.A. EX PARTE. 3. ON CAREFUL CONSIDERATION OF THE MATTER WE ARE SA TISFIED WITH THE REASON GIVEN BY THE REVENUE AND ACCORDINGLY WE ACCE PT THE SAME. . WE THEREFORE RECALL OUR ORDER DT. 25.6.2010 AND DIREC T THE REGISTRY TO FIX THIS APPEAL FOR FRESH HEARING ON 21 ST APRIL 2011. SINCE THE DATE WAS ANNOUNCED IN THE COURT NO FORMAL NOTICE WILL BE IS SUED TO THE PARTIES FOR THE HEARING OF THIS APPEAL ON 21.4.2011. 4. IN THE RESULT THE MISCELLANEOUS APPLICATION FIL ED BY THE REVENUE IS ALLOWED. ORDER PRONOUNCED ON THIS 9 TH DAY OF MARCH 2011 SD/- SD/- (T.R. SOOD) (ASHA VIJAYARAGHAVAN) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI DATED 9 TH MARCH 2011 RJ COPY TO : 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT-CONCERNED 4. THE CIT(A)-CONCERNED 5. THE DR K BENCH TRUE COPY BY ORDER ASSTT. REGISTRAR I.T.A.T MUMBAI M.A. NO. 662/M/2010 3 DATE INITIALS 1 DRAFT DICTATED ON: 7 . 0 3 .201 1 SR. PS/PS 2. DRAFT PLACED BEFORE AUTHOR: 8 .0 3 .2011 ______ SR. PS/PS 3. DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER: _________ ______ JM/AM 4. DRAFT DISCUSSED/APPROVED BY SECOND MEMBER: _________ ______ JM/AM 5. APPROVED DRAFT COMES TO THE SR. PS/PS: _________ ______ SR. PS/PS 6. KEPT FOR PRONOUNCEMENT ON: _________ ______ SR. PS/PS 7. FILE SENT TO THE BENCH CLERK: _________ ______ SR. PS/PS 8. 9. DATE ON WHICH FILE GOES TO THE HEAD CLERK: DATE ON WHICH FILE GOES TO AR _________ ______ 10 . DATE OF DISPATCH OF ORDER: _________ ______