FERARI INVESTMENTS & TRADING COMPANY P. LTD, v. DCIT RG 5(1),

MA 719/MUM/2010 | 2006-2007
Pronouncement Date: 16-03-2011 | Result: Allowed

Appeal Details

RSA Number 71919924 RSA 2010
Assessee PAN AAACF2986P
Bench Mumbai
Appeal Number MA 719/MUM/2010
Duration Of Justice 3 month(s) 16 day(s)
Appellant FERARI INVESTMENTS & TRADING COMPANY P. LTD,
Respondent DCIT RG 5(1),
Appeal Type Miscellaneous Application
Pronouncement Date 16-03-2011
Appeal Filed By Assessee
Order Result Allowed
Bench Allotted F
Tribunal Order Date 16-03-2011
Assessment Year 2006-2007
Appeal Filed On 30-11-2010
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL 'F' BENCH MUMBAI BEFORE SHRI N.V. VASUDEVAN JUDICIAL MEMBER AND SHRI B. RAMAKOTAIAH ACCOUNTANT MEMBER MA NO. 719/MUM/2010 (ARISING OUT OF ITA NO. 6260/MUM/2009) (ASSESSMENT YEAR: 2006-07) M/S. FERARI INVESTMENT & TRADING DCIT RANGE 5(1) CO. PVT. LTD. 156-D.J. DADAJEE MUMBAI ROAD TARDEO MUMBAI 400034 VS. PAN - AAACF 2986 P APPELLANT RESPONDENT APPELLANT BY: SHRI PARAS SAVLA RESPONDENT BY: SHRI D. SONGATE 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 ASSESSE 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 IN ITA NO. 6260/MUM/2009 DATED 16 TH JULY 2009 AND FIX THE HEARING OF THE APPEAL ON 27 TH APRIL 2011 WHICH WAS ANNOUNCED IN THE OPEN MA NO. 719/MUM/2010 M/S. FERARI INVESTMENT & TRADING CO. P. LTD. 2 COURT. IT WAS ALSO ANNOUNCED THAT NO SEPARATE NOTIC E 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 16 TH MARCH 2011. SD/- SD/- (N.V. VASUDEVAN) (B. RAMAKOTAIAH) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI DATED: 16 TH MARCH 2011 COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT(A) V MUMBAI 4. THE CIT V MUMBAI CITY 5. THE DR F BENCH ITAT MUMBAI BY ORDER //TRUE COPY// ASSISTANT REGISTRAR ITAT MUMBAI BENCHES MUMBAI N.P.