Shri Mukesh A Motasha D C I T - 9(3) Tribhuvan 6, Dakshina Aayakar Bhavan, M.K. Road Murty Co. op. Hsg. Society Vs. Mumbai 400020 10th Road, JVPD Scheme Vile Parle (W), Mumbai 400049
August, 28th 2012
IN THE INCOME TAX APPELLATE TRIBUNAL
"B" Bench, Mumbai
Before Shri D. Manmohan, Vice President
and Shri B. Ramakotaiah, Accountant Member
MA No. 567/Mum/2011
(Arising out of ITA No. 6246/Mum/2008)
(Assessment Year: 2005-06)
Shri Mukesh A Motasha D C I T - 9(3)
Tribhuvan 6, Dakshina Vs. Aayakar Bhavan, M.K. Road
Murty Co. op. Hsg. Society Mumbai 400020
10th Road, JVPD Scheme
Vile Parle (W), Mumbai 400049
PAN - AACPM 3116 H
Applicant by: Shri Mayur A. Shah
Respondent by: Ms. Neeraja Pradhan
Date of Hearing: 24.08.2012
Date of Pronouncement: 24.08.2012
Per D. Manmohan, V.P.
This application is filed by the assessee seeking recall of the order dated
14th October, 2011 passed by the ITAT "B" Bench, Mumbai.
2. The learned counsel for the assessee furnished an explanation along
with an affidavit in support of the contentions that there is a bonafide
reason for non-appearance on the date fixed for hearing and hence the
exparte order deserves to be recalled under Rule 24 of the Income-tax
(Appellate Tribunal) Rules, 1963.
3. We have also heard the learned D.R. in this regard.
4. Having regard to the peculiar circumstances of the case, we are
satisfied that the non-appearance on the date fixed for hearing, which
resulted in disposal of the appeal exparte qua assessee, is supported by
sufficient cause and hence in the interest of substantial justice we hereby
recall the impugned order and direct the Registry to post the appeal for final
2 MA No. 567/Mum/2011
Shri Mukesh A Motasha
hearing on 17.09.2012. Since the date of hearing is announced in the open
court issuance of notice to the parties is dispensed with.
5. In the result, miscellaneous application filed by the assessee is
Order pronounced in the open court on 24th August 2012.
(B. Ramakotaiah) (D. Manmohan)
Accountant Member Vice President
Mumbai, Dated: 24th August 2012
1. The Appellant
2. The Respondent
3. The CIT(A) Central - I, Mumbai
4. The CIT Central - I, Mumbai City
5. The DR, "B" Bench, ITAT, Mumbai
ITAT, Mumbai Benches, Mumbai