M/s. Anuradha Timbers International, Secunderabad V. JCIT, Range-10, Hyderabad

MA 106/HYD/2012

• Counselvise Citation: [2012] 123 COUNSELVISE.COM (IT) 8993 (ITAT-HYDERABAD)
• Duration Of Justice: 3 month(s) 24 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 07-09-2012
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: misc
• Appeal Filed On: 14-05-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: DIWAKAR PRASAD
• Assessee Lawyers: V SIVA KUMAR

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH B', HYDERABAD BEFORE SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER AND SHRI SAKTIJIT DEY, JUDICIAL MEMBER MA NO. 106/HYD/2012 IN ITA NO. 1011/HYD/2011 AY 2006-07 MA NO. 107/HYD/2012 IN ITA NO. 1012/HYD/2011 AY 2007-08 MA NO. 108/HYD/2012 IN ITA NO. 1013/HYD/2011 AY 2008-09 M/S. ANURADHA TIMBERS INTERNATIONAL, SECUNDERABAD PAN: AAGFA9135L VS. JT. CIT RANGE-10 HYDERABAD APPELLANT RESPONDENT APPELLANT BY: SRI V. SIVAKUMAR RESPONDENT BY: SRI DIWAKAR PRASAD DATE OF HEARING: 24.08.2012 DATE OF PRONOUNCEMENT: 07.09.2012 O R D E R PER CHANDRA POOJARI, AM: THESE MISCELLANEOUS APPLICATIONS ARE FILED BY THE ASSESSEE SEEKING RECALL OF ORDER OF THIS TRIBUNAL IN I.T.A. NOS. 1011 TO 1013/HYD/2011 FOR ASSESSMENT YEARS 2006-07 TO 2008- 09 DATED 12.9.2011 WHERE THE TRIBUNAL DISMISSED THE APPEALS OF THE ASSESSEE FOR WANT OF PROSECUTION. 2. BEFORE US THE ASSESSEE FILED A PETITION EXPLAINING REASONS FOR NON APPEARANCE ON 12.9.2011. THE AR OF THE AS SESSEE SUBMITTED THAT THE AUTHORISED REPRESENTATIVE COULD NOT REACH THE TRIBUNAL IN TIME BECAUSE OF HEAVY TRAFFIC ON THAT D ATE AND BY THE TIME HE COULD REACH THE TRIBUNAL THE APPEALS OF THE ASSESSEE WERE HEARD AND THE TRIBUNAL DISMISSED THE SAME DUE TO NON- REPRESENTATION FROM THE ASSESSEE'S SIDE. HE SUBMIT TED THAT THE M.A. NOS. 106-108/HYD/2012 M/S. ANURADHA TIMBERS INTERNATIONAL ============================ 2 ASSESSEE IS FULLY INTERESTED IN PROSECUTING ITS APP EALS AND ONE MORE OPPORTUNITY MAY BE GIVEN TO THE ASSESSEE FOR C ONTESTING ITS CASE ON MERIT, IN THE INTEREST OF JUSTICE AND FAIR PLAY. 3. THE LEARNED DR DID NOT RAISE ANY SERIOUS OBJECTION FOR THE PROPOSITION OF THE AR. 4. WE HAVE HEARD BOTH THE PARTIES AND GONE THROUGH THE PETITION FILED BY THE ASSESSEE. WE ARE SATISFIED A BOUT THE REASONS GIVEN BY THE ASSESSEE. THE ORDER OF THE TR IBUNAL IN ITA NOS. 1011 TO 1013/HYD/2011 DATED 12 TH SEPTEMBER, 2011 IS HEREBY RECALLED AND THE APPEALS IN ITA NO. 1011 TO 1013/HYD/ 2011 ARE RESTORED ON THE FILE OF THE TRIBUNAL. THE REGISTRY IS DIRECTED TO POST THE ABOVE APPEALS ON 26.11.2012. NO NOTICE OF HEARING SHALL BE SENT TO BOTH THE PARTIES AND THIS ORDER ITSELF WILL SERVE AS NOTICE OF HEARING. 5. IN THE RESULT, ALL THE MISCELLANEOUS APPLICATIONS F ILED BY THE ASSESSEE ARE ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 7 TH SEPTEMBER, 2012. SD/- (SAKTIJIT DEY) JUDICIAL MEMBER SD/- (CHANDRA POOJARI) ACCOUNTANT MEMBER HYDERABAD, DATED 7 TH SEPTEMBER, 2012 TPRAO COPY FORWARDED TO: 1. M/S. ANURADHA TIMBERS INTERNATIONAL, 244, CHINNATHOKATTA, NEW BOWENPALLY, HYDERABAD. 2. THE JCIT, RANGE-10, HYDERABAD. 3. THE CIT(A)-VI, HYDERABAD. 4. THE CIT-V, HYDERABAD. 5. THE DR B BENCH, ITAT, HYDERABAD