Smt. Habiba Begum, Hyderabad v. ACIT, Hyderabad

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD B BENCH HYDERABAD BEFORE SHRI CHANDRA POOJARI AM AND SMT. ASHA VIJAYARAGHAVAN JM MA NO.17HYD/2010 IN ITA NO.256/HYD/2000 ASSESSMENT YEAR 1996-97 SMT. HABIBA BEGUM KARIMABAD COLONY HYDERABAD (PAN ACIPM4365N) VS THE ACIT CIRCLE 1(1) HYDERABAD APPELLANT RESPONDENT APPELLANT BY : NONE RESPONDENT BY : SHRI T. DIWAKAR PRASAD DATE OF HEARING : 4.11.2011 DATE OF PRONOUNCEMENT : 4.11.2011 ORDER PER ASHA VIJAYARAGHAVAN JM THE PRESENT MISCELLANEOUS APPLICATION PREFERRED BY THE ASSESSEE SEEKING RECALL OF THE ORDER OF THIS TR IBUNAL IN ITA NO.256/HYD/2000 DATED 28.12.2005 AND PERTAINS T O THE ASSESSMENT YEAR 1996-97. 2. AT THE TIME OF HEARING ON 4.11.2011 NONE APPEARED ON BEHALF OF THE ASSESSEE AND NO APPLICATI ON FOR ADJOURNMENT WAS ALSO FILED. HENCE WE ARE OF THE O PINION THAT THE ASSESSEE IS NOT INTERESTED IN PROSECUTING THE APPEAL. AS HELD BY THE HONBLE ITAT DELHI BENCH I N THE CASE OF CIT VS. MULTIPLAN INDIA LIMITED (38 ITD 320 ) THERE MAY BE VARIOUS REASONS FOR THE ASSESSEE TO REMAIN A BSENT AT THE TIME OF HEARING. ONE OF THE REASONS MIGHT BE A DESIGN OR ABSENCE OF NEED TO PROSECUTE THE APPEAL. BY FOL LOWING ITA NO.17 HYD/2010 SMT. HABINBA BEGUM HYDERABAD 2 THE SAID DECISION AND CONSIDERING THE FACTS AND CIRCUMSTANCES OF THE PRESENT CASE WE DISMISS THE A PPEAL IN LIMINE. 3. IN THE RESULT THE APPEAL FILED BY THE ASSESSE E STANDS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT 4.11.2011 SD/- (CHANDRA POOJARI) SD/- (ASHA VIJAYARAGHAVAN) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED THE 4 TH NOV. 2011 COPY FORWARDED TO: 1. SMT. HABIBA BEGUM 5-8-494 FLAT NO.10A KARIMABAD COLOY COMPANIES ACT 1956 (1 OF 1956) LANE HYDERABAD 2. THE ACIT CIRCLE 1(1) HYDERABAD 3. THE CIT(A) -I HYDERABAD 4. THE CIT HYDERABAD 5. THE DR ITAT HYDERABAD NP/