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Income Tax Appellate Tribunal - Mumbai

Akansha Homes P.Ltd, Mumbai vs Ito 5(1)(1), Mumbai on 20 January, 2020

             IN THE INCOME TAX APPELLATE TRIBUNAL

                        "A" BENCH, MUMBAI

      BEFORE SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER AND

               SHRI SAKTIJIT DEY, JUDICIAL MEMBER

                       MA No.465/Mum./2019
              (Arising out of ITA No.1077/Mum/2016)
                    (Assessment Year: 2010-11)


M/s. Akansha Homes P. Ltd.
Ambika Niwas, CHS
Opp. 8 No. Society                                      ................ Appellant
Near Ganesh Mandir
Versova, Mumbai - 400 053
PAN: AAHCA2510K
                                   v/s


 ITO 5(1)(1)
R.No.570, 5th Floor
Aayakar Bhavan                                        ................ Respondent
M.K.Road
Mumbai - 400 020
                 Assessee by   :   Shri. S.S. Phadkar &
                                   Shri Kalpesh Tuvalkar
                Revenue by     :   Shri. Kamal Mangal


Date of Hearing -17/01/2020               Date of Order -20/01/2020


                               ORDER

PER: SHAMIM YAHYA By way of this Miscellaneous Application, assessee seeks recall of the order of this Tribunal in ITA No.1077/Mum/2016 for A.Y.2010-11 in the order dated 16/04/2018. MA No.465/Mum/2019

M/s. Akansha Homes Pvt. Ltd

2. The above appeal was disposed off without any representation from the assessee. Now, by way of this affidavit, assessee had submitted that assessee had not received the notice of hearing, hence, it has been pleaded that in the interest of justice, the said order should be recalled and assessee should be granted an opportunity for hearing. Upon careful consideration, we are inclined to recall the aforesaid exparte order of the Tribunal in terms of ITAT rules. The Registry is directed to fix the case for the hearing in the normal course.

3. In the result, Miscellaneous Application is allowed.



Order pronounced in the Open Court on        20.01.2020




  SAKTIJIT DEY                                 SHAMIM YAHYA
JUDICIAL MEMBER                              ACCOUNTANT MEMBER

MUMBAI, DATED: 20 .01.2020
Copy of the order forwarded to:

(1)    The Assessee;
(2)    The Revenue;
(3)    The CIT(A);
(4)    The CIT, Mumbai City concerned;
(5)    The DR, ITAT, Mumbai;
(6)    Guard file.                             By Order

Karuna
Sr. Private Secretary                        (Dy./Asstt.Registrar)
                                               ITAT, Mumbai

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