Income Tax Appellate Tribunal - Mumbai
Haden International Group India P. Ltd. ... vs Assessee
IN THE INCOME TAX APPELLATE TRIBUNAL
"H" Bench, Mumbai
Before Shri D.K. Agarwal, Judicial Member
and Shri B. Ramakotaiah, Accountant Member
MA No. 763/Mum/2010
(Arising out of ITA No. 3395/Mum/2008)
(Assessment Year: 2003-04)
M/s. Haden International Group India ACIT, Circle - 1
Pvt. Ltd., 'dil' Complex, Duphar Vs. Thane
Interfran Premises, Swami
Vivekananda Road, Majiwade
Thane 400606
PAN - AAACH 1459 I
Applicant Respondent
Applicant by: Shri Farrokh V. Irani
Respondent by: Shri R.S. Srivastava
ORDER
Per B. Ramakotaiah, A.M.
The assessee through this Miscellaneous Application requests the Tribunal to recall the exparte order in ITA No. 3395/Mum/208 dated 22nd October 2009 passed for non-appearance on the date of hearing.
2. The learned counsel for the assessee referring to the miscellaneous application and affidavit filed by the assessee explained the reasons for such non-appearance on the appointed date.
3. After hearing both the sides and after going through the contents of the miscellaneous application as well as the affidavit of the assessee we find that there was a reasonable cause on the part of the assessee for such non- appearance on the appointed date. We, therefore, recall the order of the Tribunal dated 22nd October 2009 and fix the hearing of the appeal on 23.06.2011, which was announced in the open court. Since the date of 2 MA No. 763/Mum/2010 M/s. Haden Interntaion Group India P. Ltd.
hearing was pronounced in the open court in the presence of both the parties, no separate notice of hearing will be issued.
4. In the result, miscellaneous application filed by the assessee is allowed.
Order pronounced in the open court at the time of hearing on 1st April 2011.
Sd/- Sd/-
(D.K. Agarwal) (B. Ramakotaiah)
Judicial Member Accountant Member
Mumbai, Dated: 1st April 2011
Copy to:
1. The Appellant
2. The Respondent
3. The CIT(A) - II, Mumbai
4. The CIT- I, Mumbai City
5. The DR, "H" Bench, ITAT, Mumbai
By Order
//True Copy//
Assistant Registrar
ITAT, Mumbai Benches, Mumbai
n.p.