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Income Tax Appellate Tribunal - Mumbai

Surat Hospital Trust Association Of ... vs Assessee on 29 April, 2011

                                         1
                                                                         MA 756/M/2010
                                                M/s Surat Hospital Trust Association of Seventh Day Adventist.



                  IN THE INCOME TAX APPELLATE TRIBUNAL
                            MUMBAI BENCHES "E"

      BEFORE SHRI D.K. AGARWAL, J.M. AND SHRI R.K. PANDA, A.M.
                         Misc. Application No. 756/Mum/2010
                         Arising out of ITA No. 764/Mum/2010
                               Assessment year 2003-04

Surat Hospital Trust Association         Director of Income Tax
of Seventh Day Adventist,                (Exemption),
Rasesh Shah & Associates,                Mumbai.
Chartered Accountant,              Vs.
0-1 Silver Palm Building,
Timaliyawad,
SURAT.
PAN AACTSO768F
            Applicant                                 Respondent

            Applicant by                 Shri Mehul Shah
           Respondent by                 Shri Surendra Kumar


                                         ORDER

PER R.K. PANDA A.M. The assessee through this M.A. requests the Tribunal to recall the ex parte order passed by it for non-appearance on the date of hearing.

2. The learned counsel for the assessee referring to the affidavit filed with the Misc. application explained the reasons for non-appearance on the date of hearing of the appeal.

3. After hearing both the sides and considering the contents of the Misc. application and Affidavit filed by the assessee, we are satisfied that there was a reasonable cause on the part of the assessee for such non-appearance on the 2 MA 756/M/2010 M/s Surat Hospital Trust Association of Seventh Day Adventist.

date of hearing. We, therefore, recall the order passed by the Tribunal. The appeal is fixed for hearing on 12th July, 2011which was announced in the open court. It was also announced that no separate notice will be sent to which both the parties agreed.

3. In the result, the Misc. Application field by the assessee is allowed.

Order pronounced in the open court at the time of hearing i.e. on 29.4.2011.

                  Sd/-                                 sd/-
           (D.K. AGARWAL)                         (R.K. PANDA)
          JUDICIAL MEMBER                     ACCOUNTANT MEMBER


Mumbai, dated 29th April, 2011. RK Copy to...

1. The appellant

2. The Respondent

3. The CIT(A) -Concerned, Mumbai

4. The CIT- Concerned, Mumbai

5. The DR Bench, "E"

6. Master File // Tue copy// BY ORDER DY/ASSTT. REGISTRAR ITAT, MUMBAI 3 MA 756/M/2010 M/s Surat Hospital Trust Association of Seventh Day Adventist.

                                            Date             Initials
1   Draft dictated on                       29.4.11,                                  Sr. PS
2   Draft placed before the Author          29.4.11                                   Sr. PS

3 Draft placed before the second Member 4 Approved draft comes to the Sr. PS Sr. PS 5 Kept for pronouncement on Sr. PS 6 File sent to the Bench Clerk Sr. PS 7 Date on which file goes to the Head Clerk 8 Date on which file goes to the AR 9 Date of dispatch of order