Sai Advantium Pharma Ltd, Hyderabad V. The ACIT, Circle - 3(1), Hyderabad

ITA 1368/HYD/2010

• Counselvise Citation: [2011] 134 COUNSELVISE.COM (IT) 9892 (ITAT-HYDERABAD)
• Duration Of Justice: 2 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-01-2011
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2007-2008
• Appeal Filed On: 01-11-2010
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: AMLAN TRIPATHY

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH B', HYDERABAD BEFORE SHRI N.R.S. GANESAN, JM AND SHRI CHANDRA POOJARI, AM I.T.A. NO. 1368/HYD/2010 (ASSESSMENT YEAR 2007-08) M/S. SAI ADVANTIUM PHARMA LIMITED, HYDERABAD PAN: AAECS6143F VS. ASST. CIT CIRCLE 3(1) HYDERABAD APPELLANT RESPONDENT APPELLANT BY: NONE RESPONDENT BY: SHRI AMLAN TRIPATHY O R D E R PER NRS GANESAN, JM: THIS APPEAL OF THE ASSESSEE IS DIRECTED AGAINST TH E ORDER OF THE CIT(A)-IV, HYDERABAD DATED 11.8.2010 A ND PERTAINS TO ASSESSMENT YEAR 2007-08. 2. THE NOTICE OF HEARING WAS SERVED ON THE ASSESSEE IN THE ADDRESS GIVEN AT COLUMN NO. 10 OF FORM NO. 36. THE REGISTRY HAS PLACED THE POSTAL ACKNOWLEDGEMENT ON R ECORD AS PROOF OF SERVICE. IN SPITE OF RECEIPT OF NOTICE BY RPAD NO ONE APPEARED FOR THE ASSESSEE WHEN THE APPEAL IS TA KEN UP FOR HEARING. THERE MAY BE VARIOUS REASONS FOR THE ASSESSEE FOR NOT APPEARING BEFORE THIS TRIBUNAL WHEN THE APP EAL IS TAKEN UP FOR HEARING. ONE OF THE REASONS, PRESUMABL Y, THE ASSESSEE MAY NOT BE INTERESTED IN PROSECUTING THIS APPEAL. WHATEVER MAY BE THE REASON, BY KEEPING IN MIND THE PROVISIONS OF PROVISO TO RULE 24 OF THE INCOME TAX APPELLATE TRIBUNAL RULES, 1963, THIS APPEAL OF THE ASSESSEE IS DISMISSED FOR NON PROSECUTION. I.T.A. NO. 1368/HYD/201 0 M/S. SAI ADVANTIUM PHARMA LTD. ========================= 2 3. HOWEVER, WE MAKE IT CLEAR THAT IT IS OPEN TO THE ASSESSEE TO MOVE THIS TRIBUNAL FOR RECALLING THIS O RDER PROVIDED THERE WAS SUFFICIENT CAUSE ON THE PART OF THE ASSESSEES FOR NOT APPEARING BEFORE THIS TRIBUNAL ON 12.1.2011 WHEN THIS APPEAL IS TAKEN UP FOR HEARING. 4. WITH THE ABOVE OBSERVATIONS, THE APPEAL OF THE ASSESSEE STANDS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 12TH JANUARY, 2011. SD/- (CHANDRA POOJARI) ACCOUNTANT MEMBER SD/- (N.R.S. GANESAN) JUDICIAL MEMBER HYDERABAD, DATED 12TH JANUARY, 2011 TPRAO COPY FORWARDED TO: 1. M/S. SAI ADVANTIUM PHARMA LTD., D.NO. 8-2- 120/86/9/B, LUXOR PARK, ROAD NO. 2, BANJARA HILLS, HYDERABAD-500 034. 2. THE ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE 3(1), I.T. TOWERS, HYDERABAD. 3. THE CIT(A)-IV, HYDERABAD. 4 THE CIT-III, HYDERABAD 5. THE DR B BENCH, ITAT, HYDERABAD