MA No.309 of 2011 Mangatram Arora Finance Ltd Mumbai



             IN THE INCOME TAX APPELLATE TRIBUNAL
                        "I" Bench, Mumbai

          Before Shri B.R. Mittal, Judicial Member and
           Shri B. Ramakotaiah, Accountant Member

                       M.A. No.309/Mum/2011
              (Arising out of IT(SS) No.148/Mum/2006)
                 (Block Period: 1.4.1990 to 07-02-2001)

Mangatram Arora Finance Ltd,      Vs.     ACIT Central Circle 43,
04 Shiv Darshan, Sarojini                 Room No.653, 6th Floor,
Road, Santacruz West                      Aayakar Bhavan, MK Road
Mumbai 400054                             Mumbai 400020
PAN: AAACM 5684 P
(Appellant)                                    (Respondent)

                    Assessee by:   Shri M. Subramanian,
                    Department by: Shri Amardeep, DR

                    Date of Hearing:       09/11/2012
                    Date of Pronouncement: 23/11/2012




                             ORDER

Per B. Ramakotaiah, A.M.

      This     Miscellaneous Application is arising out of IT(SS)
No.148/Mum/2006. The order in the above appeal along with the
Revenue appeal in IT(SS) No.167/Mum/2006 was posted on
15.10.2008 and as none appeared on behalf of assessee, the appeal
was decided ex-parte on merits. Assessee has preferred the present
M.A requesting for recall of the order invoking Rule 24.
2.    Assessee filed affidavit explaining the reasons for non
appearance on 15.10.2008 as they have wrongly noted down the
date as 16.10.2008 and also due to ill health of Mr. Mangatram
Arora, Director of the Company which caused delay in filing the M.A
after they came to know that the case was heard ex-parte on
15.10.2008. The Director also filed an affidavit explaining the
reasons and also stating that they have not approached the Hon'ble
High Court in appeal and as assessee's application is well within the
time, the order may please be recalled.



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                                      MA No.309 of 2011 Mangatram Arora Finance Ltd Mumbai



3.       The learned Counsel in the course of the arguments also
placed on record the order of the High Court of Judicature at
Bombay in the case of Executors of the Estate of Keshavdev R.
Ganeriwala, Mumbai vs. Income Tax Officer in ITA no 1472 of 2007
dated 15.07.2008 to submit that when the issue is one of the
violation of principles of natural justice, the ITAT can recall its
order.

4.       After hearing the learned Counsel and the learned DR, we are
satisfied that there is sufficient cause for non appearance when the
appeal was called on for hearing on 15-10-08. We hereby set aside
the ex-parte order and restore the appeal for fresh hearing. The case
is fixed for hearing on 19.02.2013 and both the parties were
informed in the open court. Therefore, issuance of separate notice is
dispensed with.




5.       Appeal in IT(SS)No.148/Mum/2006 is recalled for fresh
hearing and to decide afresh after hearing both parties.

6.       In the result, miscellaneous application filed by assessee is
allowed.

         Order pronounced in the open court on 23rd November, 2012.



                Sd/-                                 Sd/-
            (B.R. Mittal)                      (B. Ramakotaiah)
          Judicial Member                     Accountant Member

Mumbai, dated 23rd November, 2012.
Vnodan/sps
Copy to:
  1. The Appellant
  2. The Respondent
  3. The concerned CIT(A)
  4. The concerned CIT
  5. The DR, "I " Bench, ITAT, Mumbai

                                By Order


                          Assistant Registrar
                     Income Tax Appellate Tribunal,
                       Mumbai Benches, MUMBAI
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