M/s. Nexxoft Infotel Limited, Hyderabad V. DCIT, Cir-16(1), Hyderabad

ITA 235/HYD/2011

• Counselvise Citation: [2013] 120 COUNSELVISE.COM (IT) 4847 (ITAT-HYDERABAD)
• Duration Of Justice: 2 year(s) 8 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 31-10-2013
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2007-2008
• Appeal Filed On: 14-02-2011
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH B , HYDERABAD BEFORE SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER AND SHRI SAKTIJIT DEY, JUDICIAL MEMBER ITA NO. 235 /HYD/201 1 (ASSESSMENT YEAR 200 7 - 0 8 ) M/S. NEXXO FT I NFOTEL L IMITED, HYDERABAD ( PAN A ABCN 1825 G ) V/S DY. COMMISSIONER OF INCOME - TAX CIRCLE 16(1), HYDERABAD (APPELLANT) (RESPONDENT) APPELLANT BY : NONE DEPARTMENT BY : SHRI SOLGY JOSE T.KOTTARAM DR DATE OF HEARING 3 1. 1 0 .2013 DATE OF PRONOUNCEMENT 3 1. 1 0 .2013 O R D E R PER SAKTIJIT DE Y , JUDICIAL MEMBER: TH IS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF THE COMMISSIONER OF INCOME - TAX(APPEALS) V , HYDERABAD DATED 23 . 12 .201 0 FOR THE ASSESSMENT YEAR 200 7 - 0 8 . 2. NONE APPEARED ON BEHALF OF THE ASSESSEE . IT IS AN OLD MATT E R IN WHICH HEARING HAS BEEN ADJOURNED TIME AND AGAIN AT THE REQUEST OF THE LEARNED AUTHORISED REPRESENTATIVE FOR THE ASSESSEE . THE NOTICE OF HEARING SENT ON THE ADDRESS FURNISHED IN THE APPEAL PAPERS , FOR THE HEARING SCHEDULED ON 31.10.2013, HAS BEEN RETURNED U N S ERVED . IN THE ABSENCE OF ANY CHANGE OF ADDRE SS COMMUNICATED BY THE ASSESSEE , AND IN THE ABSENCE OF ANY ALTERNATE ADDRESS OF THE ASSESSEE AVAILABLE ON RECORD, WE A RE CON S TRAI N E D TO OBSERVE THAT TH AT THE ASSESSEE APP E AR S TO BE NOT INTERESTED IN PURSUING THIS APPEAL BEFORE THE TRIBUNAL. AS HELD BY THE HONBLE ITAT, DELHI BENCH IN THE CASE OF CIT V/S. MULTIPLAN INDIA LIMITED (38 ITD 320), THERE MAY BE VARIOUS REASONS FOR THE APPELLANT TO REMAIN ITA NO. 23 5 /HYD/ 1 1 M/S. NEXXO FT I NFOTEL L IMITED, HYDERABAD 2 ABSENT AT THE TIM E OF HEARING. ONE OF THE REASONS MIGHT BE A DESIGN OR ABSENCE OF NEED TO PROSECUTE THE APPEAL. FOLLOWING THE SAID DECISION AND CONSIDERING THE FACTS AND CIRCUMSTANCES OF THE PRESENT CASE, WE DISMISS THIS APPEAL IN LIMINE , WITH LIBERTY TO THE ASSESSEE TO F ILE A PETITION TO SEEK RECALL THIS ORDER, IF THERE IS SUFFICIENT CAUSE FOR NON - APPEARANCE ON BEHALF OF THE ASSESSEE ON 3 1 . 10 .2013. 3. IN THE RESULT, APPEAL OF THE ASSESSEE IS DISMISSED IN LIMINE. ORDER PRONOUNCED IN THE COURT AT THE CONCLUSION OF HEARING ON 3 1. 1 0 .2013 S D/ - SD/ - ( CHANDRA POOJARI ) ( SAKTIJIT DEY ) ACCOUNTANT MEMBER. JUDICIAL MEMBER. D T/ - 31 ST OCTOBER , 201 3 COPY FORWARDED TO: 1. M/S. NEXXO FT I NFOTEL L IMITED, 301, 3 RD FLOOR, SAHITHI ARCAD E, S. R. NAGAR, HYDERABAD 2. DY. COMMISSIONER OF INCOME - TAX CIRCLE 16(1) , HYDERABAD 3. 4. 5. COMMISSIONER OF INCOME - TAX(APPEALS) V , HYDERABAD COMMISSIONER OF INCOME - TAX I V, HYDERABAD DEPARTMENTAL REPRESENTATIVE ITAT HYDERABAD B.V.S.