Ramky Infrastructure Ltd., Hyderabad V. Addl.CIT, Range-3, Hyderabad

ITA 1668/HYD/2011

• Counselvise Citation: [2012] 140 COUNSELVISE.COM (IT) 59230 (ITAT-HYDERABAD)
• Duration Of Justice: 4 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-01-2012
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2008-2009
• Appeal Filed On: 23-09-2011
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: MYTHILI RANI

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH B, HYDERABAD BEFORE SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER AND SMT. ASHA VIJAYARAGHAVAN, JUDICIAL MEMBE R. ITA NO.1668/HYD/2011 (ASSESSMENT YEAR 2008-09) M/S. RAMKY INFRASTRUCTURE LTD., HYDERABAD (PAN - AAACR 9627 B ) V/S ADDL. COMMISSIONER OF INCOME-TAX, RANGE-3, HYDERABAD. (APPELLANT) (RESPONDENT) APPELLANT BY : NONE RESPONDENT BY : SMT. MYTHILI RANI DATE OF HEARING 24 1.2012 DATE OF PRONOUNCEMENT 24.1.2012 O R D E R PER CHANDRA POOJARI, ACCOUNTANT MEMBER: THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST T HE ORDER OF THE COMMISSIONER OF INCOME-TAX(APPEALS)-IV, HYDERAB AD DATED 29.7.2011 FOR THE ASSESSMENT YEAR 2008-09. 2. AT THE TIME OF HEARING ON 24.1.2012, NONE APPE ARED ON BEHALF OF THE ASSESSEE, THOUGH THE NOTICE OF HEARING WAS D ULY SERVED ON THE ADDRESS FURNISHED BY THE APPELLANT-ASSESSEE. POSTA L ACKNOWLEDGEMENT CARD IS AVAILABLE ON RECORD. THERE IS NOT EVEN AN A DJOURNMENT PETITION RECEIVED FROM THE APPELLANT. IN THIS VIEW OF THE M ATTER, IT APPEARS THAT THE ASSESSEE IS NOT INTERESTED IN PURSUING THE PRES ENT APPEAL BEFORE THE TRIBUNAL. AS HELD BY THE HONBLE ITAT, DELHI BENC H IN THE CASE OF CIT V/S. MUTLIPLAN INDIA LIMITED (38 ITD 320), THERE MA Y BE VARIOUS REASONS FOR THE APPELLANT TO REMAIN ABSENT AT THE TIME OF H EARING. ONE OF THE REASONS MIGHT BE A DESIGN OR ABSENCE OF NEED TO PRO SECUTE THE APPEAL. FOLLOWING THE SAID DECISION AND CONSIDERING THE FAC TS AND CIRCUMSTANCES OF THE PRESENT CASE, WE DISMISS THIS APPEAL IN LIMINE , WITH LIBERTY TO THE ITA NO.1668/HYD/11 M/S. RAMKY INFRASTRUCTURE LTD., HYDERABAD 2 ASSESSEE TO FILE A PETITION TO SEEK RECALL THIS ORD ER, IF THERE IS SUFFICIENT CAUSE FOR NON-APPEARANCE ON BEHALF OF THE ASSESSEE ON 24.1.2012. 3. IN THE RESULT, APPEAL OF THE ASSESSEE IS DISMI SSED IN LIMINE. ORDER PRONOUNCED IN THE COURT AT THE CONCLUSION O F HEARING OF THE APPEAL ON 24 TH JANUARY, 2012 SD/- SD/- (ASHA VIJAYARAGHAVAN) (CHANDRA POOJARI) JUDICIAL MEMBER. ACCOUNTANT MEMBER. DT/- 24 TH JANUARY, 2012 COPY FORWARDED TO: 1. M/S. RAMKY INFRASTRUCTURE LTD., C/O. SHRI SAMUE L NAGADESI, CHARTERED ACCOUNTANT, 302,GOLDEN GREEN APARTMENTS, ERRAM MANZIL COLONY, PANJAGUTTA, HYDERABAD 500 082. 2. ADDL COMMISSIONER OF INCOME-TAX RANGE-3, HYDERAB AD 3. COMMISSIONER OF INCOME - TAX(A) - IV HYDERABAD I 4. COMMISSIONER OF INCOME - TAX III, HYDERABAD 5. THE D.R., ITAT, HYDERABAD. B.V.S.