Padmalaya Pulp Packs P. Ltd, Hyderabad v. ITO, Ward-16(2), Hyderabad

MA 173/HYD/2011 | misc
Pronouncement Date: 09-09-2011 | Result: Allowed

Appeal Details

RSA Number 17322524 RSA 2011
Assessee PAN AADCP7118G
Bench Hyderabad
Appeal Number MA 173/HYD/2011
Duration Of Justice 21 day(s)
Appellant Padmalaya Pulp Packs P. Ltd, Hyderabad
Respondent ITO, Ward-16(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 19-08-2011
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD A BENCH HYDERABAD BEFORE SHRI G.C. GUPTA VICE PRESIDENT AND SHRI CHANDRA POOJARI ACCOUNTANT MEMBER MA NO.173/HYD/2011 ARISING OUT OF ITA NO.1288/HYD/2010 ASSESSMENT YEAR 2006-07 M/S PADMALAYA PULP PAC KS (P) LTD. HYDERABAD (PAN AADCP 7118 G) VS ITO WARD 16(2) HYDERABAD APPELLANT RESPONDENT APPELLANT BY : SHRI K. RANGANATHAN RESPONDENT BY : SHRI T. DIWAKAR PRASAD DATE OF HEARING : 9.9.2011 DATE OF PRONOUNCEMENT : 9.9.2011 ORDER PER CHANDRA POOJARI A.M. BY THIS MISCELLANEOUS APPLICATION THE ASSESSEE HAS REQUESTED FOR RECALL OF THE EX PARTE ORDER OF THE T RIBUNAL DATED 19.5.2011 PASSED IN THE APPEAL OF THE ASSESSE E BEING IN ITA NO.1288/HYD/2010 FOR THE ASSESSMENT YEAR 200 6- 07. 2. THE LEARNED COUNSEL FOR THE ASSESSEE HAS EXPLA INED THE REASONS FOR NOT APPEARING BEFORE THE TRIBUNAL T HAT HE WAS UNWELL ON THAT DAY OF HEARING I.E. ON 19.5.2011 AND THE DOCTOR HAS ADVISED HIM REST FOR 15 DAYS. THE LEARN ED DEPARTMENTAL REPRESENTATIVE HAS NOT RAISED ANY SERI OUS OBJECTION. 3. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS. IN VIEW OF THE CIRCUMSTANCES EXPLAINED BY THE LEARNED COUNSEL FOR THE MA NO.173/HYD/2011 ARISING OUT OF ITA NO.1288/H/2010 M/S PADMALAYA PULP PACKS P LTD. HYDERABAD 2 ASSESSEE FOR NOT APPEARING BEFORE THE TRIBUNAL ON T HE DATE OF HEARING ON 19.5.2011 WE ARE OF THE VIEW THAT TH ERE WAS SUFFICIENT CAUSE FOR NON APPEARANCE BEFORE THE TRIB UNAL ON BEHALF OF THE ASSESSEE AT THE TIME OF HEARING ON TH E APPEAL. ACCORDINGLY THE EX PARTE ORDER OF THE TRIBUNAL DAT ED 19.5.2011 FOR THE ASSESSMENT YEAR 2005-06 IS RECALL ED AND THE FRESH DATE OF HEARING WILL BE FIXED AS PER NORM AL COURSE OF HEARING. 4. IN THE RESULT MISCELLANEOUS APPLICATION OF TH E ASSESSEE IS ALLOWED. 5. ORDER PRONOUNCED IN THE COURT AT THE CONCLUSIO N OF HEARING OF THE APPEAL ON 9 TH SEPT. 2011. S D. - (G.C. GUPTA) S D/ - (CHANDRA POOJARI) VICE PRESIDENT ACCOUNTANT M EMBER DATED THE 9 TH SEPT. 2011 COPY FORWARDED TO: 1. M/S PADMALAYA PULP PACKS LTD. 2-2-18/40/11 H-8 DURGABAI DESHMUKH COLONY BAGH AMBERPET HYDERABAD-500013. 2. THE ITO WARD 16(2) HYDERABAD 3. THE CIT(A)-V HYDERABAD 4. THE DR ITAT HYDERABAD NP/