M/s Sri Satyanarayana Spinning Mills Ltd., Venkatrayapuram, Tanuku v. The ACIT, Circle-1, Eluru

MA 40/VIZ/2009 | 1998-1999
Pronouncement Date: 22-01-2010 | Result: Allowed

Appeal Details

RSA Number 4025324 RSA 2009
Assessee PAN AARCS1110D
Bench Visakhapatnam
Appeal Number MA 40/VIZ/2009
Duration Of Justice 4 month(s) 11 day(s)
Appellant M/s Sri Satyanarayana Spinning Mills Ltd., Venkatrayapuram, Tanuku
Respondent The ACIT, Circle-1, Eluru
Appeal Type Miscellaneous Application
Pronouncement Date 22-01-2010
Appeal Filed By Assessee
Order Result Allowed
Bench Allotted DB
Tribunal Order Date 22-01-2010
Assessment Year 1998-1999
Appeal Filed On 10-09-2009
Judgment Text
PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL VISAKHAPATNAM BENCH VISAKHAPATNAM BEFORE: SHRI SUNIL KUMAR YADAV JUDICIAL MEMBER AND SHRI BR BASKARAN ACCOUNTANT MEMBER MP NOS.40 & 41/VIZAG/2009 (ARISING OUT OF ITA NO.258/ & 259VIZAG/2004) ASSESSMENT YEAR: 1998-99 & 1999-2000 M/S SRI SATYANARAYANA SPINNING MILLS LTD. VENKATARAYAPURAM VS. ACIT CIRCLE-1 ELURU (APPELLANT) (RESPONDENT) PAN NO.AARCS 1110 D APPELLANT BY: SHRI G.S.S. GOPINATH DR RESPONDENT BY: SHRI C.V.K. PRASAD ADVOCATE ORDER PER SHRI B R BASKARAN ACCOUNTANT MEMBER : BY THIS PETITION THE ASSESSEE SEEKS RECALL OF ORDE R DATED 06-03-2009 PASSED BY THIS BENCH IN SO FAR AS IT RELATES TO THE ITA NOS.258 & 259/V/2004 ON THE GROUND THAT THE NON APPEARANCE ON THE DATE F IXED FOR HEARING WAS ON ACCOUNT OF SUFFICIENT CAUSE. 2. LD COUNSEL FOR THE ASSESSEE SUBMITTED THAT THE A SSESSEE SENT A PETITION SEEKING ADJOURNMENT OF THE CASE WAS FILED ONE DAY PRIOR TO THE DATE OF HEARING ON 29.1.2009. HENCE THE ASSESSEE DID NO T TAKE NOTE OF THE ADJOURNED DATE AND ACCORDINGLY COULD NOT APPEAR ON THE DATE OF HEARING. ACCORDINGLY HE SUBMITTED THAT THE NON-APPEARANCE O N THE DATE OF HEARING WAS FOR SUFFICIENT CAUSE AND PRAYED FOR RECALL OF T HE ORDER. WE ALSO HEARD THE LD DR IN THIS REGARD. 3. IT IS TO BE NOTICED THAT IT IS THE RESPONSIBILITY OF THE ASSESSEE TO TAKE NOTE OF THE DATE OF HEARING. HAVING REGARD TO THE REASONS GIVEN BY THE ASSESSEE IN OUR OPINION THE REVENUE SHOULD BE COM PENSATED FOR THE PAGE 2 OF 2 INCONVENIENCE CAUSED TO THEM. ACCORDINGLY WE IMPOS E A COST OF RS.5 000/- UPON THE ASSESSEE WHICH SHALL BE PAID INTO THE ACC OUNT IN WHICH THE TRIBUNAL FEE IS PAID. IN VIEW OF THE FOREGOING IN EXERCISE OF POWERS VESTED IN US UNDER RULE 24 AND 25 OF THE APPELLATE TRIBUNAL RULE S WE RECALL THE ORDER REFERRED SUPRA SUBJECT TO THE PAYMENT OF COST STAT ED ABOVE. 4. THE MISCELLANEOUS PETITIONS ARE ACCORDINGLY ALLO WED AND THE REGISTRY IS DIRECTED TO POST BOTH THE APPEALS ON 09-03-2010. PRONOUNCED ACCORDINGLY ON 22-01-2010 SD/- SD/- (SUNIL KUMAR YADAV) (B R BASKARAN) JUDICIAL MEMBER ACCOUNTANT MEMBER PVV/SPS VISAKHAPATNAM 22 ND JANUARY 2010 COPY TO 1 M/S SRI SATYANARAYANA SPINNING MILLS LTD. VENKAT ARAYAPURAM TANUKU WEST GODAVARI DISTRICT 2 THE ACIT CIRCLE-1 ELURU 3 THE CIT RAJAHUMUDRY 4 THE CIT(A) RAJAHMUNDRY 5 THE DR ITAT VISAKHAPATNAM. 6 GUARD FILE. BY ORDER SENIOR PRIVATE SECRETARY INCOME TAX APPELLATE TRIBUNAL VISAKHAPATNAM