Sri Krishna Fruit Co., Rajahmundry V. THE ITO, Rajahmundry

MA 1/VIZ/2017

• Counselvise Citation: [2018] 124 COUNSELVISE.COM (IT) 6128 (ITAT-VISAKHAPATNAM)
• Duration Of Justice: 1 year(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 05-01-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Assessment Year: 2011-2012
• Appeal Filed On: 05-01-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: T SATYANANDAM
• Assessee Lawyers: A ARUNA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL VISAKHAPATNAM SMC BENCH, VISAKHAPATNAM BEFORE SHRI V. DURGA RAO , HONBLE JUDICIAL MEMBER MISC. APPLICATION NO. 01 /VIZ/2017 ( ITA NO . 394 / VIZ /201 5 ) (ASST. YEAR : 20 1 1 - 1 2 ) M/S. SRI KRISHNA FRUIT CO . , D.NO. 29 - 16 - 39, TOWN HALL ROAD, RAJAHMUNDRY VS. IT O , WARD - 1, RAJAHMUNDRY . PAN NO.AAQFS 6859 P (APPELLANT) (RESPONDENT) ASSESSEE BY : SMT. A. ARUNA - ADVOCATE . DEPARTMENT BY : SHRI T. SATYANANDAM SR. DR DATE OF HEARING : 05 / 0 1 /201 8 . DATE OF PRONOUNCEMENT : 0 5 / 0 1 /201 8 . O R D E R PER V. DURGA RAO, JUDICIAL MEMBER BY THIS MISC. APPLICATION, ASSESSEE SEEKS RECALL OF THE ORDER PASSED BY THIS TRIBUNAL IN ITA NO. 394 /VIZ/201 5 , DATED 24 /1 1 /201 6 . 2. LD . C OUNSEL FOR THE ASSESSEE HAS SUBMITTED THAT NOTICE OF HEARING BY FIXING THE CASE WAS SERV ED ON THE ASSESSEE ON 13/ 12/2016 ONLY . BY THAT DATE , ORDER OF DI SMISSAL HAS BEEN PASSED . ACCORDINGLY, S HE SUBMITTED THAT NON - APPEARANCE ON THE DATE OF HEARING WAS FOR SUFFICIENT CAUSE AND PRAYED FOR RECALL OF THE ORDER. WE ALSO HEARD THE LD. DR IN THIS REGARD. 2 M A NO. 0 1 /VIZ/201 7 ( M/S. SRI KRISHNA FRUIT CO. ) 3. HAVING REGARD TO THE REASONS GIVEN BY THE ASSESSEE AND IN EXERCISE OF POWERS VE STED IN US UNDER RULE 24 AND 25 OF THE INCOME TAX ( APPELLATE TRIBUNAL ) RULES, 1963, WE RECALL THE ORDER PASSED IN ITA NO. 3 9 4 /VIZ/201 5 , DATED 2 4 /1 1 /201 6 . 4. THE M ISCELLANEOUS APPLICATION IS ACCORDINGLY ALLOWED AND THE REGISTRY IS DIRECTED TO P OST THE APPEAL FOR HEARING ON 2 0 /02/2018 . SINCE THE DATE OF HEARING IS ANNOUNCED IN THE OPEN COURT IN THE PRESENCE OF THE PARTIES, NO SEPARATE NOTICE IS REQUIRED TO BE ISSUED. ORDER PRONOUNCED IN THE OPEN COURT ON 0 5 T H D A Y O F JAN . , 2018 S D / - ( V. DURGA RAO ) JUDICIAL MEMBER DATED : 0 5 T H J A N U A R Y , 201 8 . VR/ - COPY TO: 1. THE ASSESSEE - M/S. SRI KRISHNA FRUIT CO., D.NO. 29 - 16 - 39, TOWN HALL ROAD, RAJAHMUNDRY . 2. THE REVENUE IT O , W A R D - 1 , RAJAHMUNDRY . 3. THE CIT , RAJAHMUNDRY . 4. THE CIT(A) , RAJAHMUNDRY . 5. THE D.R . , VISAKHAPATNAM . 6. GUARD FILE. BY ORDER (VUKKEM RAMBABU) SR.PS, ITAT, VIZAG.