Vishnu & Co.,, Hyderabad v. ITO, Ward-8(2), Hyderabad

MA 172/HYD/2011 | misc
Pronouncement Date: 09-09-2011 | Result: Allowed

Appeal Details

RSA Number 17222524 RSA 2011
Assessee PAN AABFV3675K
Bench Hyderabad
Appeal Number MA 172/HYD/2011
Duration Of Justice 28 day(s)
Appellant Vishnu & Co.,, Hyderabad
Respondent ITO, Ward-8(2), Hyderabad
Appeal Type Miscellaneous Application
Pronouncement Date 09-09-2011
Appeal Filed By Assessee
Order Result Allowed
Bench Allotted A
Tribunal Order Date 09-09-2011
Assessment Year misc
Appeal Filed On 12-08-2011
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH A' HYDERABAD BEFORE SHRI G.C.GUPTA VICE PRESIDENT AND SHRI CHANRA POOJARI ACCOUNTANT MEMBER MISC. APPLN. NO.172/HYD/2011 (IN ITA NO.103/HYD/11) : ASST T. YEAR 2005-06 M/S. VISHNU & CO. HYDERABAD ( PAN AABFV 3675 K ) V/S. INCOME - TAX OFFICER WARD 8(2) HYDERABAD (APPLICANT) (RESPONDENT) APPLICANT BY : SHRI A.V.RAGHURAM RESPONDENT BY : SHRI T.DIWAKAR PRASAD DATE OF HEARING 9.9.2011 DATE OF PRONOUNCEMENT 9.9.2011 O R D E R PER G.C.GUPTA VICE PRESIDENT: BY THIS MISCELLANEOUS APPLICATION THE ASSESSEE H AS REQUESTED FOR RECALL OF THE EX-PARTE ORDER OF THE TRIBUNAL DATED 13.7.2011 PASSED IN THE APPEAL OF THE ASSESSEE BEING ITA NO.103/HYD/2011 FOR THE ASSESSMENT YEAR 2005-06. 2. THE LEARNED COUNSEL FOR THE ASSESSEE HAS EXP LAINED THE REASONS FOR NOT APPEARING BEFORE THE TRIBUNAL ON THE DATE OF HE ARING VIZ. 13.7.2011. THE LEARNED DEPARTMENTAL REPRESENTATIVE HAS OPPOSED THE SUBMISSIONS OF THE LEARNED COUNSEL FOR THE ASSESSEE. 3. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS. IN VIEW OF THE CIRCUMSTANCES EXPLAINED BY THE LEARNED COUNSEL FOR THE ASSESSEE FOR NOT APPEARING BEFORE THE TRIBUNAL ON THE DATE OF HEARIN G VIZ. 13.7.2011 WE ARE OF THE VIEW THAT THERE WAS SUFFICIENT CAUSE FOR NON-AP PEARANCE BEFORE THE TRIBUNAL ON BEHALF OF THE ASSESSEE AT THE TIME OF HEARING ON THE APPEAL. ACCORDINGLY THE EX-PARTE ORDER OF THE TRIBUNAL DATED 13.7.2011 IN I TA NO.103/HYD/2011 FOR THE ASSESSMENT YEAR 2005-06 IS RECALLED AND THE FRESH D ATE OF HEARING ON THE SAID MISC. APPLN. NO.172/HYD/2011(IN ITA NO.103/HYD/11) M/S. VISHNU & CO. HYDERABAD 2 APPEAL IS FIXED AS 13 TH OCTOBER 2011 SINCE THE FRESH DATE IS ANNOUNCED IN THE OPEN COURT THERE IS NO NEED FOR ANY NOTICE OF HEAR ING ON THE PARTIES. WE DIRECT ACCORDINGLY. 4. IN THE RESULT MISCELLANEOUS APPLICATION OF TH E ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN THE COURT AT THE CONCLUSION OF HEARING OF THE APPEAL ON 9 TH SEPTEMBER 2011 SD/- SD/- (CHANDRA POOJARI) (G.C.GUPTA) ACCOUNTANT MEMBER VICE PRESIDENT DT/- 9 TH SEPTEMBER 2011 COPY FORWARDED TO: 1. M/S. VISHNU & CO. 21 - 2 - 366/367 LAD BAZAR HYDERABAD 2. INCOME - TAX OFFICER WARD 8(2) HYDERABAD 3. COMMISSIONER OF INCOME - TAX(APPEALS) - III HYDERABAD. 4. COMMISSIONER OF INCOME - TAX - II HYDERABAD 5. THE DEPARTMENTAL REPRESENTATIVE ITAT HYDERABAD . B.V.S.