TMI Blog2020 (1) TMI 991X X X X Extracts X X X X X X X X Extracts X X X X ..... neous applications filed by the assessee and accordingly, the order of the Tribunal is recalled and the appeals are posted for hearing on 26/02/2020, for which no separate notice will be issued to either parties. - M.A. No.202 /Mum/2017 (Arising out of ITA No.750/Mum/2014), M.A. No.203 /Mum/2017 (Arising out of ITA No.751/Mum/2014), M.A. No.204 /Mum/2017 (Arising out of ITA No.752/Mum/2014), M.A. No.205 /Mum/2017 (Arising out of ITA No.753/Mum/2014) - - - Dated:- 20-1-2020 - Shri Mahavir Singh (Judicial Member) And Shri G Manjunatha (Accountant Member) For the Applicant : Shri Vijay Mehta, AR For the Respondent : Shri. Kumar Padmapani Bora, DR ORDER PER ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eal which the appellant had filed before ITAT on 25.05.2015 and therefore the disposal of the penalty order when quantum, is pending would constitute a mistake apparent from record which has crept into the order has perhaps been over looked due to over sight Your Honour may kindly consider the following chorology of the events are as follows: AY 2005-06 Date Particulars Remarks 31-01-2014 Appellant filed the appeal against the Order of the CIT (A) 38 order received on 6th December 2013. Appeal No ITA 750 to 753/MUM/2014. M ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... filed a letter requesting the matter to be adjourned as the CIT (A) 50 had still not disposed off the appeal filed on the quantum. The ITAT adjourned the matter for For AY 2005-06 Matter fixed on 11-01-2017 11-01 2017 The appellants representative CA Chandrashekhar could not appear nor seek an adjournment and the reasons for the same have been explained in the Affidavit attached herewith and Annexed as Annexure A On the basis of the above mentioned we may request your Honour's to recall your order which was passed on 08-02-2017 ex-parte as non appeared, ace it is submitted that when q ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ppellant had filed before ITAT on 2505-2015 and therefore the disposal of the penalty order when quantum, is pending would constitute a mistake apparent from record which has crept into the order. Prayer; 1) The Hon ble Bench may be pleased to rectify the mistake as pointed out herein above and recall the order dated 08-02-2017 and pass a fresh order in terms of section 254 (1) of the Act. 2) The Hon ble Bench may recall the order dated 08-02-2017 and pass an appropriate order in terms of section 254(1) or modify or amend the order already passed. 3) Any other relief which the Hon ble Bench may deem fit. 3. We have heard both the parties and peru ..... X X X X Extracts X X X X X X X X Extracts X X X X
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