Matrix Laboratories Ltd, Hyderabad V. Addl. CIT, Range-16, Hyderabad

MA 109/HYD/2011

• Counselvise Citation: [2011] 123 COUNSELVISE.COM (IT) 6612 (ITAT-HYDERABAD)
• Duration Of Justice: 1 month(s) 13 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 08-07-2011
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: misc
• Appeal Filed On: 26-05-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SUDHAKAR RAO

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH A' , HYDERABAD BEFORE SHRI G.C.GUPTA, VICE PRESIDENT AND SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER M.A. NO.109/HYD/2011 ( IN ITA NO.1564/HYD/10) : ASSESSMENT YEAR 2005-06 M/S. MATRIX LABORATORIES LTD., HYDERABAD ( PAN AADCM 3491 M ) V/S. ADDL. COMMISSIONER OF INCOME - TAX, RANGE-16, HYDERABAD (APPLICANT) (RESPONDENT) APPLICANT BY : SHRI SAI PRASAD RESPONDENT BY : SHRI SUDHAKAR RAO O R D E R PER G.C.GUPTA, VICE PRESIDENT: BY THIS MISCELLANEOUS APPLICATION, THE ASSESSEE H AS REQUESTED FOR RECALL OF THE EX-PARTE ORDER OF THE TRIBUNAL PASSED IN THE CASE OF THE ASSESSEE FOR THE ASSESSMENT YEAR 2005-06 IN ITA NO.1564/HYD/ 2010 DATED 10.5.2011. 2. WE HAVE HEARD THE PARTIES. IN THE FACTS OF TH E CASE, WE FIND THAT THE CHARTERED ACCOUNTANT OF THE ASSESSEE HAS FILED AN AFFIDAVIT EXPLAINING THE REASONS FOR NOT BEING ABLE TO REPRESENT THE ASSESSE E ON THE DATE OF HEARING BEFORE THE TRIBUNAL. IN THE FACTS OF THE CASE, WE ARE OF THE VIEW THAT IT IS A FIT CASE FOR RECALLING THE EX-PARTE ORDER OF THE TRIBUN AL, AND ACCORDINGLY THE EX- PARTE ORDER OF THE TRIBUNAL DATED 10.5.2011 IN THE CASE OF THE ASSESSEE FOR ASSESSMENT YEAR 2005-06 IN ITA NO.1564/HYD/2010 IS RECALLED. THE DATE OF HEARING ON THE APPEAL, ITA NO.1564/HYD/2010, IS ANN OUNCED IN THE OPEN COURT AS 3.11.2011. THERE IS NO NECESSITY OF SERV ING ANY NOTICE OF HEARING ON THE PARTIES. WE DIRECT ACCORDINGLY. M.A.NO.109/HYD/2011(IN ITA NO.1564./H YD/10 M/S. MATRIX LABORATORIES LTD., HYDERABAD 2 3. IN THE RESULT, MISCELLANEOUS APPLICATION OF TH E ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN THE COURT ON 8 TH JULY, 2011. SD/- SD/- (CHANDRA POOJARI) (G.C.GUPTA) ACCOUNTANT MEMBER VICE PRESIDENT DT/- 8 TH JULY, 2011. COPY FORWARDED TO: 1. M/S. MATRIX LABORATORIES LTD., 1 - 1 - 151/1, IV FLOOR, SAIRAM TOWERS, ALEXANDER ROAD, SECUNDERABAD. 2. ADDL. COMMISSIONER OF INCOME - TAX, RANGE - 16, HYDERABAD. 3. COMMISSIONER OF INCOME-TAX IV, HYDERABAD 4. THE DEPARTMENTAL REPRESENTATIVE, ITAT, HYDERABAD. B.V.S