SARTHAK GLOBAL LTD, v. ITO WD 3(3)(2),

MA 716/MUM/2009 | 2003-2004
Pronouncement Date: 20-01-2010 | Result: Allowed

Appeal Details

RSA Number 71619924 RSA 2009
Assessee PAN AABCA0822A
Bench Mumbai
Appeal Number MA 716/MUM/2009
Duration Of Justice 2 month(s) 21 day(s)
Appellant SARTHAK GLOBAL LTD,
Respondent ITO WD 3(3)(2),
Appeal Type Miscellaneous Application
Pronouncement Date 20-01-2010
Appeal Filed By Assessee
Order Result Allowed
Bench Allotted Not Allotted
Tribunal Order Date 20-01-2010
Assessment Year 2003-2004
Appeal Filed On 29-10-2009
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL E-1 BENCH MUMBAI BEFORE SHRI R.S. PADVEKAR JM & SHRI R.K. PANDA AM M.A. NO. 716/MUM/2009 ARISING OUT OF I.T.A. NO. 3563/MUM/08 (ASSESSMENT YEAR 2003-04) M/S. SARTHAK GLOBAL LTD. 706 TULSIANI CHAMBER NARIMAN POINT MUMBAI PAN: AABCA0822A` VS. I.T.O. 3(3)(2) MUMBAI APPELLANT RESPONDENT APPELLANT BY: MR. S.J. JAIN RESPONDENT BY: MR. L.K. AGARWAL O R D E R DATE OF HEARING: 15.01.2010 DATE OF ORDER: 20.01.2010 PER R.K. PANDA AM: THE ASSESSEE THROUGH THIS MISCELLANEOUS APPLICATIO N (MA) REQUESTS THE TRIBUNAL TO RECALL THE EX-PARTE ORDER PASSED BY IT DUE TO NON APPEARANCE OF THE ASSESSEE. 2. THE LEARNED COUNSEL FOR THE ASSESSEE REFERRING TO T HE MA FILED BY THE ASSESSEE SUBMITTED THAT THE APPEAL WAS FIXED FOR HEARING ON 4 TH JUNE 2009 AND A REQUEST FOR ADJOURNMENT WAS TURN ED DOWN BY THE BENCH SINCE THE ASSESSEE WAS REPRESENTED BY A P EON SEEKING ADJOURNMENT. HE SUBMITTED THAT AN ADVANCE ADJOURNM ENT PETITION SEEKING ADJOURNMENT OF THE CASE WAS ALSO FILED AND ON ACCOUNT OF ABUNDANT PRECAUTION THE PEON WAS ALSO SENT SEPARAT ELY. HE SUBMITTED THAT THE ASSESSEE SEEKS UNCONDITIONAL APO LOGY FOR NOT SENDING THE PROPER PERSON TO KEEP THE DECORUM OF TH E COURT. HE SUBMITTED THAT THIS ACT OF THE ASSESSEE BE CONDONED AND IN THE INTEREST OF JUSTICE AN OPPORTUNITY OF BEING HEARD T O THE ASSESSEE BE ALLOWED TO DECIDE THE ISSUE ON MERIT. 3. THE LEARNED DR ON THE OTHER HAND OPPOSED THE MA. M.A. NO. 716/MUM/09 M/S. SARTHAK GLOBAL LTD. ================ 2 4. AFTER HEARING BOTH THE SIDES CONSIDERING THE TOTAL ITY OF THE FACTS OF THE CASE AND CONSIDERING THAT THE APPEAL H AS BEEN DISMISSED WITHOUT CONSIDERING THE MERIT OF THE CASE WE IN TH E INTEREST OF JUSTICE RECALL THE ORDER OF THE TRIBUNAL AND THE A PPEAL IS FIXED FOR HEARING ON 24 TH FEBRUARY 2007 WHICH WAS ANNOUNCED IN THE OPEN COURT. IT WAS ALSO ANNOUNCED THAT NO SEPARATE NOTI CE OF HEARING WILL BE SENT TO WHICH BOTH THE PARTIES AGREED. 5. IN THE RESULT THE MA FILED BY THE ASSESSEE IS ALLO WED. ORDER PRONOUNCED ON 20 TH JANUARY 2010. SD/- (R.S. PADVEKAR) JUDICIAL MEMBER SD/- (R.K. PANDA) ACCOUNTANT MEMBER MUMBAI DATED 20 TH JANUARY 2010 COPY TO: (1) THE APPELLANT (2) THE RESPONDENT (3) THE CIT(A)-XXXII MUMBAI (4) THE CIT-3 MUMBAI (5) THE DR E-1 BENCH ITAT MUMBAI. //TRUE COPY// BY ORDER ASSISTANT REGISTRAR ITAT MUMBAI BENCHES MUMBAI TPRAO