S. Venkateshwar Rao, Warangal, Hyderabad V. ITO, Ward-2, Warangal, Warangal

ITA 172/HYD/2016

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 6454 (ITAT-HYDERABAD)
• Duration Of Justice: 4 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-06-2016
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Next Hearing Date: 15-06-2016
• Assessment Year: 2008-2009
• Appeal Filed On: 16-02-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: M SITARAM
• Assessee Lawyers: P VINOD

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES A (SMC) : HYDERABAD BEFORE SHRI J. SUDHAKAR REDDY, ACCOUNTANT MEMBER ITA.NO.172/HYD/2016 ASSESSMENT YEAR 2008-2009 MR. S. VENKATES H WAR RAO HANAMKONDA, WARANGAL. PAN BDCPS6635M VS. THE INCOME TAX OFFICER, WARD-2, WARANGAL. (APPELLANT) (RESPONDENT) FOR ASSESSEE : MR. P. VINOD FOR REVENUE : MR. M. SITARAM DATE OF HEARING : 1 5 .06.2016 DATE OF PRONOUNCEMENT : 17 .06.2016 ORDER PER J. SUDHAKAR REDDY, A.M. THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF THE CIT(A)-3, HYDERABAD DATED 23.12.20 15 AND IT PERTAINS TO THE A.Y. 2008-09. 2. AFTER HEARING RIVAL CONTENTIONS, WE FIND THAT THE FIRST APPELLATE AUTHORITY HAS PASSED AN EXPARTE ORDER. THE ASSESSEE SUBMITTED BEFORE US THAT HE WAS PREVEN TED BY SUFFICIENT CAUSE FROM APPEARING BEFORE THE CIT(A ). AFTER PERUSING THE PAPERS, I AM OF THE CONSIDERED OPINION THAT THE ASSESSEE WAS PREVENTED BY SUFFICIENT CAUSE FROM APPEARING BEFORE THE CIT(A). HENCE, I SET ASIDE THE ISSUE TO THE FILE OF THE CIT(A) FOR FRESH ADJUDICATION IN AC CORDANCE WITH LAW. THE ASSESSEE SHALL BE PRESENT BEFORE THE LD. 2 ITA.NO.172/HYD/2016 MR. S.VENKATESHWAR RAO, HANAMKONDA, WARANGAL. CIT(A) ON 18 TH JULY, 2016 AND TAKE NOTICE OF HEARING AND COOPERATE FOR DISPOSAL OF THE APPEAL. 3. IN THE RESULT, APPEAL OF THE ASSESSEE IS ALLOWE D FOR STATISTICAL PURPOSES. PRONOUNCED IN THE OPEN COURT ON 17.06.2016. SD/- (J.SUDHAKAR REDDY) ACCOUNTANT MEMBER HYDERABAD, DATED 17 TH JUNE, 2016. VBP/- COPY TO 1. MR. S. VENKATESHWAR RAO, HANAMKONDA, WARANGAL. C/O. SHRI K. VASANT KUMAR & SHRI A.V. RAGHURAM, ADVOCATES, FLAT NO.610, 6 TH FLOOR, BABUKHAN ESTATE, BASHEERBAGH, HYDERABAD 500 001. 2. THE INCOME TAX OFFICER, WARD - 2, AAYAKAR BHAVAN, STATION ROAD, WARANGAL. 3. CIT(A) - 3, HYDERABAD. 4. PR. CIT - 3, HYDERABAD. 5. D.R. ITAT A BENCH, HYDERABAD 6. GUARD FILE