Sri Mutyala Srinivasa Rao, Visakhapatnam v. The ITO, Ward-3(1), Visakhapatnam

MA 50/VIZ/2010 | 2005-2006
Pronouncement Date: 14-05-2010 | Result: Allowed

Appeal Details

RSA Number 5025324 RSA 2010
Assessee PAN AHJPM4793N
Bench Visakhapatnam
Appeal Number MA 50/VIZ/2010
Duration Of Justice 23 day(s)
Appellant Sri Mutyala Srinivasa Rao, Visakhapatnam
Respondent The ITO, Ward-3(1), Visakhapatnam
Appeal Type Miscellaneous Application
Pronouncement Date 14-05-2010
Appeal Filed By Assessee
Order Result Allowed
Bench Allotted DB
Tribunal Order Date 14-05-2010
Assessment Year 2005-2006
Appeal Filed On 21-04-2010
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 M.A. NO.50/VIZAG/2010 (ARISING OUT OF ITA NO.405/VIZAG/2009 ) ASSESSMENT YEAR: 2005-06 SRI MUTYALA SRINIVASA RAO VISAKHAPATNAM ITO WARD-3(1) VISAKHAPATNAM (APPELLANT) VS. (RESPONDENT) PAN NO.AHJPM 4793N APPELLANT BY: SHRI C.V.S. MURTHY CA RESPONDENT BY: SHRI G.S.S. GOPINATH DR ORDER PER SHRI S.K. YADAV JUDICIAL MEMBER : BY THIS PETITION THE ASSESSEE SEEKS RECALL OF ORDE R DATED 10.2.2010 PASSED BY THIS BENCH ON THE GROUND THAT THE NON APP EARANCE ON THE DATE FIXED FOR HEARING WAS ON ACCOUNT OF SUFFICIENT CAUS E. 2. LD COUNSEL FOR THE ASSESSEE SUBMITTED THAT THE P ETITIONER HAD NOT RECEIVED ANY NOTICE OF HEARING OF THE APPEAL ON 10. 02.2010 AND AS SUCH THE PETITIONER COULD NOT PURSUE THE CASE ON THE DATE OF HEARING DUE TO ABSENCE OF NOTICE. ACCORDINGLY HE SUBMITTED THAT THE NON-APP EARANCE ON THE DATE OF HEARING WAS FOR SUFFICIENT CAUSE AND PRAYED FOR REC ALL OF THE ORDER. WE ALSO HEARD THE LD. DR IN THIS REGARD. PAGE 2 OF 2 3. HAVING REGARD TO THE REASONS GIVEN BY THE ASSESS EE AND IN EXERCISE OF POWERS VESTED IN US UNDER RULE 24 AND 25 OF THE APP ELLATE TRIBUNAL RULES WE RECALL THE ORDER REFERRED SUPRA. 4. THE MISCELLANEOUS PETITION IS ACCORDINGLY ALLOWE D AND THE REGISTRY IS DIRECTED TO POST THE APPEAL ON 24.06.2010. SINCE T HE DATE OF HEARING IS ANNOUNCED IN THE OPEN COURT IN THE PRESENCE OF THE PARTIES BOTH THE PARTIES MAY NOTE THAT FORMAL NOTICE OF HEARING WILL NOT BE SENT TO THEM. PRONOUNCED ACCORDINGLY ON 14.5.2010 SD/- SD/- (B R BASKARAN) (SUNIL KUMAR YADAV) ACCOUNTANT MEMBER JUDICIAL MEMBER VG/SPS VISAKHAPATNAM DATE: 14 TH MAY 2010 COPY TO 1 M. SRINIVASA RAO PROP: SRI TIRUMALA STEEL TRADER S VISALAKSHINAGAR VISAKHAPATNAM 2 ITO WARD-3(1) VISAKHAPATNAM 3 THE CIT-1 VISAKHAPATNAM 4 THE CIT(A) RAJAHMUNDRY 4 THE DR ITAT VISAKHAPATNAM. 5 GUARD FILE. BY ORDER SENIOR PRIVATE SECRETARY INCOME TAX APPELLATE TRIBUNAL VISAKHAPATNAM