Sri Putta Gank Raju & Co., Mandapeta v. The Commissioner of Income Tax, Rajahmundry

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.83/VIZAG/2010 (ARISING OUT OF ITA NO.550/VIZAG/2008) ASSESSMENT YEAR: 2006-07 M/S. PUTTA GANI RAJU & CO. MANDAPETA CIT RAJAHMUNDRY (APPELLANT) VS. (RESPONDENT) PAN NO.AAGFP 8394N APPELLANT BY: SHRI P. PRABHAKARA MURTHY ADOVCATE RESPONDENT BY: SHRI D.S. SUNDER SINGH DR ORDER PER SHRI S.K. YADAV JUDICIAL MEMBER: BY THIS PETITION THE ASSESSEE SEEKS RECALL OF ORDE R DATED 23.12.2009 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. THE ASSESSEE SUBMITTED THAT DUE TO NON-AVAILABIL ITY OF ITS COUNSEL ON ACCOUNT OF ILLNESS ON THE DATE OF HEARING THE AUTH ORIZED REPRESENTATIVE OF THE PETITIONER COULD NOT PURSUE THE MATTER EFFECTIVELY BY ASCERTAINING AND FOLLOWING UP THE NEXT DATE OF HEARING. ACCORDINGLY HE SUBMITTED THAT THE NON-APPEARANCE ON THE DATE OF HEARING WAS FOR SUFFI CIENT CAUSE AND PRAYED FOR RECALL OF THE ORDER. WE ALSO HEARD THE LD. DR IN THIS REGARD. 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. PAGE 2 OF 2 4. THE MISCELLANEOUS PETITION IS ACCORDINGLY ALLOWE D AND THE REGISTRY IS DIRECTED TO POST THE APPEAL ON 13.09.2010. 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 2.8.2010. SD/- SD/- (B R BASKARAN) (SUNIL KUMAR YADAV) ACCOUNTANT MEMBER JUDICIAL MEMBER VG/SPS VISAKHAPATNAM DATED 02 ND AUGUST 2010. COPY TO 1 M/S. PUTTA GANI RAJU & CO. K.P. ROAD MAREDUBAK A VILLAGE MANDAPETA. 2 THE CIT RAJAHMUNDRY 3 CIT(A) RAJAHMUNDRY 4 THE DR ITAT VISAKHAPATNAM. 5 GUARD FILE. BY ORDER SENIOR PRIVATE SECRETARY INCOME TAX APPELLATE TRIBUNAL VISAKHAPATNAM