Vasant Chemicals Private Limited., Hyd, Hyderabad V. DCIT, Circle-3(3), Hyderabad, Hyderabad

MA 1/HYD/2017

• Counselvise Citation: [2017] 124 COUNSELVISE.COM (IT) 5423 (ITAT-HYDERABAD)
• Duration Of Justice: 1 month(s) 17 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 09-03-2017
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2008-2009
• Appeal Filed On: 23-01-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: K J RAO
• Assessee Lawyers: P VINOD

Judgement Text

MA NO 01 OF 2017 VASANT CHEMICALS P LTD HYDERABAD PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD B BENCH, HYDERABAD BEFORE SMT. P. MADHAVI DEVI, JUDICIAL MEMBER AND SHRI S.RIFAUR RAHMAN, ACCOUNTANT MEMBER M.A.NO.01/HYD/2017 (ARISING OUT OF ITA NO.1115/HYD/2016) (ASSESSMENT YEAR: 2008-09) M/S. VASANT CHEMICALS PRIVATE LIMITED HYDERABAD PAN: AAACV 7249 K VS DCIT CIRCLE 3(3) HYDERABAD FOR ASSESSEE : SHRI P. VINOD FOR REVENUE : SHRI K.J. RAO, DR O R D E R PER SMT. P. MADHAVI DEVI, J.M. THIS APPLICATION IS FILED BY THE ASSESSEE SEEKING R ECALL OF THE ORDER OF THE TRIBUNAL IN ITA NO.1115/HYD/201 6 DATED 21.11.2016 DISMISSING THE ASSESSEES APPEAL IN LIMINI FOR NON APPEARANCE OF THE ASSESSEE OR ITS AUTHORIZED REPRES ENTATIVE. THE ASSESSEE HAS FILED AN APPLICATION STATING THAT THE NOTICE OF HEARING OF THE APPEAL FOR HEARING ON 21.11.2016 WAS RECEIVE D BY THE PETITIONERS COUNSEL WHO HAD DELEGATED THE JOB OF A PPROACHING THE PRESENT COUNSEL TO ONE SHRI BALAKRISHNA REDDY WHO C OMMITTED AN INADVERTENT MISTAKE OF NOT INFORMING THE COUNSEL AND FURNISHING THE PRESENT APPEAL PAPERS, DUE TO WHICH THEY COULD NOT APPEAR BEFORE THE TRIBUNAL RESULTING IN THE DISMISS AL OF THE ASSESSEES CASE. DATE OF HEARING : 03.03.2017 DATE OF PRONOUNCEMENT : 09.03.2017 MA NO 01 OF 2017 VASANT CHEMICALS P LTD HYDERABAD PAGE 2 OF 2 2. THE LEARNED DR WAS ALSO HEARD. 3. TAKING INTO CONSIDERATION OF THE ASSESSEES CONT ENTION AS STATED IN THE APPLICATION, WE ARE CONVINCED THAT THE NON APPEARANCE OF THE ASSESSEE OR HIS REPRESENTATIVE IS NEITHER WILLFUL NOR WANTON. IN VIEW OF THE SAME, WE RECALL THE ORDE R OF THE TRIBUNAL IN ITA NO.1115/HYD/2016 DATED 21.11.2016 A ND FIX THE HEARING OF THE APPEAL ON 20.06.2017. AS THE DATE OF HEARING HAS BEEN ANNOUNCED IN THE OPEN COURT IN THE PRESENCE OF BOTH THE PARTIES, NO FRESH NOTICE OF HEARING TO BE SENT. 4. IN THE RESULT, MISCELLANEOUS APPLICATION FILED B Y THE ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 09 TH MARCH, 2017. SD/- SD/- (S.RIFAUR RAHMAN) ACCOUNTANT MEMBER (P. MADHAVI DEVI) JUDICIAL MEMBER HYDERABAD, DATED 9 TH MARCH, 2017. VINODAN/SPS COPY TO: 1 VASANT CHEMICALS P LTD C/O RAJU & PRASAD, CAS, 40 1 DIAMOND HOUSE, ADJ. AMRUTHA HILLS, PUNJAGUTTA HYDERABAD 500 082 2 DCIT CIRCLE 3(3) HYDERABAD 3 CIT (A)-5 HYDERABAD 4 CIT 5 HYDERABAD 5 THE DR, ITAT HYDERABAD 6 GUARD FILE BY ORDER