CLASSIC SHARES AND STOCK BROKING SERVICES LTD, v. ASST CIT CEN CIR 40,

MA 95/MUM/2012 | 2005-2006
Pronouncement Date: 27-07-2012 | Result: Allowed

Appeal Details

RSA Number 9519924 RSA 2012
Assessee PAN AABCS4255R
Bench Mumbai
Appeal Number MA 95/MUM/2012
Duration Of Justice 5 month(s) 12 day(s)
Appellant CLASSIC SHARES AND STOCK BROKING SERVICES LTD,
Respondent ASST CIT CEN CIR 40,
Appeal Type Miscellaneous Application
Pronouncement Date 27-07-2012
Appeal Filed By Assessee
Order Result Allowed
Bench Allotted C
Tribunal Order Date 27-07-2012
Assessment Year 2005-2006
Appeal Filed On 14-02-2012
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES C MUMBAI .. ! ' # ! $ BEFORE SHRI R.S.SYAL AM AND SHRI VIVEK VARMA JM '' !% ./ MA NO.95/MUM/2012 ( '() * / ARISING OUT OF ITA NO.6876/MUM/2008) ( #% + #% + #% + #% + / / / / ASSESSMENT YEAR : 2005-2006) M/S.CLASSIC SHARES AND STOCK BROKING SERVICES LTD. RADHA BHAVAN 1 ST FLOOR 121 NAGINDAS MASTER ROAD MUMBAI 400 023. PAN : AABCS4255R. THE ASSTT.COMMISSIONER OF INCOME-TAX CENTRAL CIRCLE 40 MUMBAI. ( ! / // / APPLICANT) % % % % / VS. ( -.// RESPONDENT) ! 0 00 0 1 1 1 1 / APPLICANT BY : SHRI PAWAN KUMAR -./ 0 1 0 1 0 1 0 1 / RESPONDENT BY : SHRI AMAR DEEP % 0 ) / / / / DATE OF HEARING : 27.07.2012 23+ 0 ) / DATE OF PRONOUNCEMENT : 27.07.2012 !4 !4 !4 !4 / / / / O R D E R PER R.S.SYAL AM : THIS MISCELLANEOUS APPLICATION U/S.254(2) OF THE IN COME-TAX ACT 1961 HAS BEEN MOVED BY THE ASSESSEE PRAYING FOR THE RECA LLING OF THE ORDER OF THE TRIBUNAL DATED 18 TH JANUARY 2012 IN ITA NO.6876/MUM/2008. 2. THE LEARNED COUNSEL FOR THE ASSESSEE STATED THAT THE TRIBUNAL HAS DISMISSED THE APPEAL OF THE ASSESSEE IN LIMINE FOR WANT OF PROSECUTION. THE LEARNED COUNSEL CONTENDED THAT THE ASSESSEE WAS PRE VENTED BY REASONABLE CAUSE FOR APPEARANCE ON THE DATE OF HEARING. IN SUPPORT OF HIS SUBMISSION AN AFFIDAVIT DATED 9 TH FEBRUARY 2012 HAS BEEN FILED ON BEHALF OF THE ASS ESSEE. THE LEARNED D.R. DID NOT RAISE ANY SERIOUS OBJECTION TO IT. MA NO.95/MUM/2012 M/S.CLASSIC SHARES AND STOCK BROKING SERVICES LTD.. 2 3. WE HAVE HEARD THE RIVAL PARTIES AND PERUSED THE RELEVANT MATERIAL ON RECORD. WE ARE SATISFIED WITH THE REASONS FOR THE A BSENCE OF THE ASSESSEE AT THE TIME WHEN THE APPEAL WAS TAKEN UP FOR HEARING BY TH E TRIBUNAL. WE THEREFORE RECALL THE IMPUGNED ORDER AND DIRECT THE REGISTRY T O FIX THE APPEAL FOR HEARING ON 8 TH OCTOBER 2012. NO SEPARATE NOTICE NEED BE SENT TO THE ASSESSEE AS THE ANNOUNCEMENT TO THIS EFFECT WAS MADE IN THE OPEN CO URT AND THE LEARNED A.R. HAS WAIVED HIS RIGHT TO SEPARATE NOTICE. 4. 5 )6 ! 0 '' !% ) 0 7) 89 : IN THE RESULT THE MISCELLANEOUS APPLICATION IS ALLOWED. ORDER PRONOUNCED ON THIS 27 TH JULY 2012. . !4 0 23+ ;!%6 3 0 < SD/- SD/- (VIVEK VARMA) (R.S.SYAL) # ! # ! # ! # ! / JUDICIAL MEMBER ! ! ! ! / ACCOUNTANT MEMBER MUMBAI ; ;!% DATED 27 TH JULY 2012. DEVDAS* !4 0 #)=' >'+) !4 0 #)=' >'+) !4 0 #)=' >'+) !4 0 #)=' >'+)/ COPY OF THE ORDER FORWARDED TO : 1. ! / THE APPLICANT. 2. -./ / THE RESPONDENT. 3. ? () / THE CIT(A) CENTRAL-III MUMBAI. 4. ? / CIT 5. 'B< #)#% / DR ITAT MUMBAI 6.