Bharat Sanchar Nigam Pvt.Ltd, Hyderabad v. DCIT, Circle-5(1), Hyderabad

MA 13/HYD/2012 | misc
Pronouncement Date: 10-02-2012 | Result: Allowed

Appeal Details

RSA Number 1322524 RSA 2012
Assessee PAN AABCB5576G
Bench Hyderabad
Appeal Number MA 13/HYD/2012
Duration Of Justice 1 month(s)
Appellant Bharat Sanchar Nigam Pvt.Ltd, Hyderabad
Respondent DCIT, Circle-5(1), Hyderabad
Appeal Type Miscellaneous Application
Pronouncement Date 10-02-2012
Appeal Filed By Assessee
Order Result Allowed
Bench Allotted A
Tribunal Order Date 10-02-2012
Assessment Year misc
Appeal Filed On 09-01-2012
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH A' HYDERABAD BEFORE SHRI CHANDRA POOJARI ACCOUNTANT MEMBER AND SMT. ASHA VIJAYARAGHAVAN JUDICIAL MEMBER M.A. NO. 13/HYD/2012 IN I.T.A. NO. 635/HYD/2011 ASSESSMENT YEAR : 2009-10 M/S. BHARAT SANCHAR NIGAM LTD. SECUNDERABAD PAN: AABCB5576G V S. DY. COMMISSIONER OF INCOME - TAX CIRCLE-15(1) HYDERABAD APPELLANT RESPONDENT APPELLANT BY: SHRI T. VENKATESWARA RAO RESPONDENT BY: SHRI V. SRINIVAS DATE OF HEARING: 10 . 02 .201 2 DATE OF PRONOUNCEMENT: 10.02.2012 O R D E R PER CHANDRA POOJARI AM: BY THIS MISCELLANEOUS APPLICATION THE ASSESSEE SE EKS RECALLING OF TRIBUNAL'S EX-PARTE ORDER DATED 11 TH OCTOBER 2011 IN I.T.A. NO. 635/HYD/2011 FOR ASSESSMENT YEAR 2009-10 . 2. THE COUNSEL FOR THE ASSESSEE SUBMITTED THAT MR. T. VENKATESWARA RAO CA WHO WAS TO ATTEND ON BEHALF O F THE ASSESSEE BEFORE THE TRIBUNAL ON 11.10.2011 HAD FALL EN SICK WITH BREATHLESSNESS BECAUSE OF ARTERIAL HYPERTROPHY DURI NG THAT TIME AND WAS NOT IN A POSITION NEITHER TO APPLY FOR AN A DJOURNMENT OR TO ACT UPON THE APPEAL IN ANY WAY. HE SUBMITTED TH AT THE COUNSEL WAS PREVENTED BY A REASONABLE CAUSE AND PRAYED FOR ONE MORE OPPORTUNITY TO CONTEND THE CASE ON MERITS. 3. THE LEARNED DR HAS NO SERIOUS OBJECTION FOR THE PRO POSITION OF THE ASSESSEE'S COUNSEL. 4. WE HAVE HEARD BOTH THE PARTIES AND PERUSED THE MATE RIAL ON RECORD. WE FIND THE ASSESSEE WAS PREVENTED BY A RE ASONABLE CAUSE M.A. NO. 13/HYD/2012 M/S. BHARAT SANCHAR NIGAM LTD. ======================== 2 IN ATTENDING BEFORE THE TRIBUNAL ON THE DATE OF HEA RING AS HE HAD FALLEN SICK SERIOUSLY. WE THEREFORE ARE INCLINED TO RECALL THE EX- PARTE ORDER OF THE TRIBUNAL IN I.T.A. NO. 635/HYD/2 011 DATED 11.10.2011. THE REGISTRY IS DIRECTED TO POST THE C ASE FOR HEARING ON 16 TH MAY 2012. NO NOTICE OF HEARING SHALL BE SENT AS THE SAME WAS ANNOUNCED IN THE OPEN COURT AND THIS ORDER ITSE LF WILL SERVE AS A NOTICE OF HEARING. 5. IN THE RESULT MA OF THE ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 10 TH FEBRUARY 2012. SD/ - (ASHA VIJAYARAGHAVAN) JUDICIAL MEMBER SD/ - (CHANDRA POOJARI) ACCOUNTANT MEMBER HYDERABAD DATED THE 10 TH FEBRUARY 2012 COPY FORWARDED TO: 1. M/S. BHARATH SANCHAR NIGAM LTD. 4 TH FLOOR CTO BUILDING MG ROAD SECUNDERABAD. 2. THE DEPUTY COMMISSIONER OF INCOME - TAX CIRCLE - 15(1) HYDERABAD. 3. THE CIT - II HYDERABAD. 4 . THE CIT (TDS) HYDERABAD 5 . THE DR A BENCH ITAT HYDERABAD TPRAO