Income Tax Appellate Tribunal - Mumbai
Svs Securities P.Ltd, Mumbai vs Assistant Commissioner Of Income Tax ... on 20 December, 2019
1 MA No.457-458/Mum/2019 M/s. SVS Securities Private Limited Assessment Years-2011-12 & 2012-13 आयकर अपीलीय अिधकरण "जी" ायपीठ मुं बई म । IN THE INCOME TAX APPELLATE TRIBUNAL "G" BENCH, MUMBAI ी पवन िसं ह, ाियक सद एवं ी मनोज कुमारअ वाल, लेखा सद के सम ।
BEFORE SHRI PAWAN SINGH, JM AND SHRI MANOJ KUMAR AGGARWAL, AM Miscellaneous Application No. 457/Mum/2019 [Arising Out of I.T.A. No.4522/Mum/2017] ( नधा रणवष / Assessment Year: 2011-12) & Miscellaneous Application No. 458/Mum/2019 [Arising Out of I.T.A. No.4523/Mum/2017] ( नधा रणवष / Assessment Year: 2012-13) M/s. SVS Securities Pvt. Limited ACIT-Circle-4(3) 32, Khatau Building बनाम/ Room No. 642, Aaykar Bhavan, Alkesh Dinesh Modi Marg V s. M.K.Road, Mumbai-400 020 Fort, Mumbai-400 023.
थायीले खासं . /जीआइआरसं . /PAN/GIR No. AABCS-5982-K (अपीलाथ /Appellant) : ( यथ / Respondent) अपीलाथ क ओरसे/ Appellant by : Shri Sanjay Parikh, Ld.AR यथ क ओरसे/Respondent by : Shri Michael Jerald, Ld. DR सन ु वाईक तार ख/ : 04/10/2019 & 20/12/2019 Date of Hearing घोषणाक तार ख / : 20/12/2019 Date of Pronouncement 2 MA No.457-458/Mum/2019 M/s. SVS Securities Private Limited Assessment Years-2011-12 & 2012-13 आदे श / O R D E R Manoj Kumar Aggarwal (Accountant Member):-
1. By way of these Miscellaneous Applications for Assessment Years [AY] 2011-12 & 2012-13, the assessee seeks recall of ex-parte order passed by the Tribunal in ITA Nos.4522-4523/Mum/2017 on 05/02/2019.
The bench, in its order, has confirmed the propositions laid down by first appellate authority and dismissed the appeals filed by the assessee.
2. The Ld. AR, Shri Sanjay Parikh, drawing our attention to the petition, pleaded for recall of order, by submitting that there remained confusion as to date of hearing of the appeals. It was also submitted that fresh notice of hearing was not issued to the assessee and there was inadvertent mistake in noting down the correct dates of hearing by authorized representative of assessee. In the above background, Ld. AR sought to make out a case of violation of principle of natural justice. The Ld. DR submitted that the assessee remained negligent in attending the hearing.
3. Upon due consideration of factual matrix and keeping in view the submissions made, the bench formed an opinion that in the interest of justice, the stated order deserves to be recalled, however upon payment of cost of Rs.10,000/-. Accordingly, the Ld. AR was directed to pay the same in the Prime Minister National Relief Fund. The same has since been deposited by the assessee on 07/10/2019, the proof of payment of which has been placed on record. Therefore, the stated order of the Tribunal stand recalled in terms of Rule 24 of Appellate Tribunal Rules, 1963.
3MA No.457-458/Mum/2019 M/s. SVS Securities Private Limited Assessment Years-2011-12 & 2012-13
4. The registry is directed to fix the appeals for hearing before regular bench on 16/01/2020, which has been fixed after due consultation with both the representative and therefore, separate notice of hearing is dispensed with.
5. Both the applications stand allowed in terms of our above order.
Order pronounced in the open court 20th December, 2019.
Sd/- Sd/-
(Pawan Singh) (Manoj Kumar Aggarwal)
ाियक सद / Judicial Member लेखा सद / Accountant Member
मुंबई Mumbai; िदनां कDated : 20/12/2019 Sr.PS:-Jaisy Varghese आदे श की ितिलिप अ े िषत/Copy of the Order forwarded to :
1. अपीलाथ / The Appellant
2. !थ / The Respondent
3. आयकरआयु#(अपील) / The CIT(A)
4. आयकरआयु#/ CIT- concerned
5. िवभागीय ितिनिध, आयकरअपीलीयअिधकरण, मुंबई/ DR, ITAT, Mumbai
6. गाड* फाईल / Guard File आदे शानुसार/ BY ORDER, उप/सहायकपंजीकार (Dy./Asstt.Registrar) आयकरअपीलीयअिधकरण, मुंबई / ITAT, Mumbai.