M/s Sree Satyanarayana Spinning Mills Ltd., Tanuku v. The ACIT, Range, Rajahmundry

MA 43/VIZ/2010 | 2005-2006
Pronouncement Date: 30-04-2010 | Result: Allowed

Appeal Details

RSA Number 4325324 RSA 2010
Assessee PAN AAFCS1110D
Bench Visakhapatnam
Appeal Number MA 43/VIZ/2010
Duration Of Justice 1 month(s) 12 day(s)
Appellant M/s Sree Satyanarayana Spinning Mills Ltd., Tanuku
Respondent The ACIT, Range, Rajahmundry
Appeal Type Miscellaneous Application
Pronouncement Date 30-04-2010
Appeal Filed By Assessee
Order Result Allowed
Bench Allotted DB
Tribunal Order Date 30-04-2010
Assessment Year 2005-2006
Appeal Filed On 18-03-2010
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 MA NO.43/VIZAG/2010 (ARISING OUT OF ITA 309/VIZAG/2008) ASSESSMENT YEAR: 2005-06 M/S SREE SATYANARAYANA SPINNING MILLS LTD. TANUKU VS. ACIT RANGE RAJAHMUNDRY (APPELLANT) (RESPONDENT) PAN NO: AAFCS 1110 D APPELLANT BY: SHRI V. JAGADISAN CA RESPONDENT BY: SHRI G.S.S. GOPINATH DR ORDER PER SHRI B R BASKARAN ACCOUNTANT MEMBER: BY THIS PETITION THE ASSESSEE SEEKS RECALL OF ORDE R DATED 28 TH OCTOBER 2009 PASSED BY THIS BENCH IN THE CASE CITED ABOVE. 2. IN THE PETITION THE ASSESSEE HAS SUBMITTED THAT A SSESSEES COUNSEL SENT AN ADJOURNMENT PETITION ON 12.8.2009 SEEKING A DJOURNMENT OF HEARING THAT WAS FIXED ON 19.8.2009. THEREAFTER THE ASSESS EE WAS UNDER THE IMPRESSION THAT IT WILL RECEIVE ANOTHER NOTICE OF H EARING AND HENCE IT WAS NOT AWARE OF THE HEARING FIXED ON 28.10.2009. ACCO RDINGLY THE ASSESSEE HAS SUBMITTED THAT THE NON-APPEARING ON THAT DATE W AS NOT INTENTIONAL AND ACCORDINGLY PRAYED FOR RECALL OF THE ORDER PASSED E X-PARTE QUA THE ASSESSEE. WE HAVE ALSO HEARD THE LD DR IN THIS REG ARD. 3. HAVING REGARD TO THE SUBMISSIONS MADE BY TH E ASSESSEE WE ARE OF THE VIEW THAT THE ASSESSEE HAD SUFFICIENT REASON FO R NON-APPEARANCE AND ACCORDINGLY WE RECALL THE ORDER CITED ABOVE. ACCOR DINGLY THE REGISTRY IS DIRECTED TO POST THE CASE FOR HEARING ON 21-06-2010 . SINCE THE DATE OF PAGE 2 OF 2 HEARING HAS BEEN ANNOUNCED IN THE OPEN COURT IN THE PRESENCE OF PARTIES BOTH THE PARTIES MAY NOTE THAT THE FORMAL NOTICE OF HEARING WILL NOT BE SENT TO THEM AGAIN. PRONOUNCED ACCORDINGLY IN THE OPEN COURT ON 23. 4.2010 SD/- SD/- (SUNIL KUMAR YADAV) (B R BASKARAN) JUDICIAL MEMBER ACCOUNTANT MEMBER PVV/SPS VISAKHAPATNAM DATE:23.4.2010 COPY TO 1 M/S SREE SATYANARAYANA SPINNING MILLS LTD. 9-13 SRINIVASA TALKIES ROAD VENKATARAYAPURAM TANUKU WEST GODAVARI DISTR ICT 2 THE ACIT RANGE RAJAHMUNDRY 3 THE CIT(A) RAJAHMUNDRY 4 THE CIT RAJAHMUNDRY 5 THE DR ITAT VISAKHAPATNAM. 6 GUARD FILE. BY ORDER SENIOR PRIVATE SECRETARY INCOME TAX APPELLATE TRIBUNAL VISAKHAPATNAM