M/s. K.V.A. Crystal Estates (P) Ltd.,, Hyderabad v. Dy. CIT, Central Circle-7,, Hyderabad

MA 62/HYD/2014 | 2006-2007
Pronouncement Date: 19-11-2014 | Result: Allowed

Appeal Details

RSA Number 6222524 RSA 2014
Assessee PAN AACCK6267E
Bench Hyderabad
Appeal Number MA 62/HYD/2014
Duration Of Justice 7 month(s) 18 day(s)
Appellant M/s. K.V.A. Crystal Estates (P) Ltd.,, Hyderabad
Respondent Dy. CIT, Central Circle-7,, Hyderabad
Appeal Type Miscellaneous Application
Pronouncement Date 19-11-2014
Appeal Filed By Assessee
Order Result Allowed
Bench Allotted B
Tribunal Order Date 19-11-2014
Assessment Year 2006-2007
Appeal Filed On 01-04-2014
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH B' HYDERABAD BEFORE SHRI B. RAMAKOTAIAH ACCOUNTANT MEMBER AND SMT. ASHA VIJAYARAGHAVAN JUDICIAL MEMBER MA NO. 62/HYD/2014 IN ITA NO. 80/HYD/2012 A.Y. 2006-07 M/S. K.V.A. CRYSTAL ESTATES (P) LTD. HYDERABAD PAN: AACCK6267E VS. DY. COMMISSIONER OF INCOME - TAX CENTRAL CIRCLE-7 HYDERABAD APPELLANT RESPONDENT APPELLANT BY: SRI N. NAGARAJU RESPONDENT BY: SRI RAJAT MITRA DATE OF HEARING: 1 4 . 11 .201 4 DATE OF PRONOUNCEMENT: 19.11.2014 O R D E R PER ASHA VIJAYARAGHAVAN JM: BY THIS MISCELLANEOUS APPLICATION (MA) THE ASSESSE E SEEKS RECALL OF TRIBUNAL ORDER DATED 1.5.2012 IN ITA NO. 80/HYD/201 2 FOR ASSESSMENT YEAR 2006- 07 WHEREIN APPEAL OF THE ASSESSEE WAS DISMISSED FO R WANT OF PROSECUTION. 2. THE ASSESSEE FILED A PETITION U/S. 254(2) OF THE AC T STATING THAT THE COUNSEL WHO WAS SUPPOSED TO APPEAR WAS SICK ON THE DAY HEARING I.E. 1.5.2012. AN AFFIDAVIT BY THE COUNSEL IS ALSO SUBMITTED AND K EPT ON RECORD STATING THAT THE COUNSEL WAS SICK ON THAT DAY AND WAS NOT IN A P OSITION TO APPEAR BEFORE THE TRIBUNAL FOR HEARING. HE TRIED FOR AN ALTERNATE AR RANGEMENT BUT COULD NOT SUCCEED. ACCORDINGLY THE ASSESSEE SUBMITTED THAT BUT FOR THE ABOVE REASON IT IS VERY MUCH INTERESTED IN PROSECUTING ITS APPEAL. TH E ASSESSEE PLEADED THAT THE ORDER OF THE TRIBUNAL MAY BE RECALLED AND THE ASSES SEE BE GIVEN AN OPPORTUNITY TO CONTEST ITS CASE ON MERIT. 3. THE LEARNED DR DID NOT OPPOSE FOR THE PROPOSITION O F THE ASSESSEE. 4. AFTER HEARING BOTH THE SIDES WE ARE OF THE OPINION THAT THE ASSESSEE WAS PREVENTED BY REASONABLE CAUSE IN ATTENDING BEFORE T HE TRIBUNAL ON THE DATE OF HEARING. ACCORDINGLY THE EX-PARTE ORDER OF THE TR IBUNAL IN ITA NO. 80/HYD/2012 IS HEREBY RECALLED AND THE APPEAL OF TH E ASSESSEE IS RESTORED ON THE MA NO. 62/HYD/2014 M/S. K.V.A. CRYSTAL ESTATES (P) LTD. ========================= 2 FILE OF THE TRIBUNAL. THE REGISTRY IS DIRECTED TO POST THE APPEAL FOR HEARING ON 17.03.2015. NO NOTICE OF HEARING SHALL BE SENT AND THIS ORDER ITSELF WOULD SERVE AS A NOTICE OF HEARING ON THE PARTIES. 5. IN THE RESULT MA BY THE ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN OPEN COURT ON 19 TH NOVEMBER 2014. SD/ - (B. RAMAKOTAIAH) ACCOUNTANT MEMBER SD/ - (ASHA VIJAYARAGHAVAN) JUDICIAL MEMBER HYDERABAD DATED THE 19 TH NOVEMBER 2014 COPY FORWARDED TO: 1. M/S. K.V.A. CRYSTAL ESTATES (P) LTD. C/O. N. NAGAR AJU ADVOCATE & TAX CONSULTANT FLAT NO. 12 MANOHAR APTS. VIDYANAGAR HYDERABAD-500 044. 2. THE INCOME TAX OFFICER WARD - 2(1) HYDERABAD. 3. THE CIT(A) - III HYDERABAD 4. THE CIT - II HYDERABAD. 5. THE DR B BENCH ITAT HYDERABAD. TPRAO