Flytech Aviation Limited, Hyderabad V. Dy. Commissioner of Income Tax , Circle-1(3), Hyderabad

ITA 356/Hyd/2019

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 1540 (ITAT-HYDERABAD)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-06-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB-A
• Next Hearing Date: 14-06-2019
• Assessment Year: 2008-2009
• Appeal Filed On: 18-03-2019
• Court: TRIBUNAL

Judgement Text

ITA NOS 355 AND 356 OF 2019FLYTE CH AVIATION LTD HYDERABAD. PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD A BENCH, HYDERABAD BEFORE SMT. P. MADHAVI DEVI, JUDICIAL MEMBER AND SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER ITA NOS. 355 AND 356/HYD/2019 (ASSESSMENT YEARS: 2006-07 & 2008-09) FLYTECH AVIATION LTD HYDERABAD PAN: AAACF3053D VS DY. COMMISSIONER OF INCOME TAX, CIRCLE 1(3) HYDERABAD (APPELLANT) (RESPONDENT) FOR ASSESSEE : SHRI P. MURALI MOHAN RAO FOR REVENUE : SHRI Y.V.S.T. SAI, DR O R D E R PER SMT. P. MADHAVI DEVI, J.M. THESE TWO APPEALS ARE FILED BY THE ASSESSEE FOR THE A.YS 2006-07 AND 2008-09, AGAINST THE ORDER OF THE CIT (A)-1, HYDERABAD, DATED 8.2.2019 DISMISSING THE ASSESSEES APPEALS FOR NON-APPEARANCE OF THE ASSESSEE. THE APPEALS WERE NO T DISPOSED OF ON MERITS. 2. UPON HEARING BOTH THE PARTIES, WE ARE OF THE OPI NION THAT THE CIT (A) HAS NO POWER TO DISMISS THE APPEAL S FOR NON- APPEARANCE OF THE ASSESSEE BUT HAS TO DISPOSE OF TH E APPEALS ON MERITS. IN VIEW OF THE SAME, WE DEEM IT FIT AND PRO PER TO REMAND THE APPEALS TO THE FILE OF THE CIT (A) WITH A DIREC TION TO DISPOSE OF DATE OF HEARING : 14.06.2019 DATE OF PRONOUNCEMENT : 14.06.2019 ITA NOS 355 AND 356 OF 2019FLYTE CH AVIATION LTD HYDERABAD. PAGE 2 OF 2 THE APPEALS ON MERITS. NEEDLESS TO MENTION THAT THE ASSESSEE SHOULD BE GIVEN A FAIR OPPORTUNITY OF HEARING. 3. IN THE RESULT, ASSESSEES APPEALS ARE ALLOWED FO R STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 14 TH JUNE, 2019. SD/- SD/- (A. MOHAN ALANKAMONY) ACCOUNTANT MEMBER (P. MADHAVI DEVI) JUDICIAL MEMBER HYDERABAD, DATED 14 TH JUNE, 2019. VINODAN/SPS COPY TO: 1 FLYTECH AVIATION LTD, C/O P MURALI & CO. C.AS, 6- 3-655/2/3/ SOMAJIGUDA, HYDERABAD 500082 2 DY. CIT, CIRCLE 1(3) HYDERABAD 3 CIT (A)-1, HYDERABAD 4 PR. CIT 1 HYDERABAD 5 THE DR, ITAT HYDERABAD 6 GUARD FILE BY ORDER