M/s. Prudhvi Constructions, Nellore V. JCIT, Nellore

MA 112/HYD/2012

• Counselvise Citation: [2012] 123 COUNSELVISE.COM (IT) 9009 (ITAT-HYDERABAD)
• Duration Of Justice: 6 month(s) 22 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 28-09-2012
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: misc
• Appeal Filed On: 07-03-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: AMISHA S GUPT
• Assessee Lawyers: R V SESHAIAH NAIDU

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH B, HYDERABAD BEFORE SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER AND SMT. ASHA VIJAYARAGHAVAN, JUDICIAL MEMBER M.A. NO. 112/HYD/2012 (IN ITA NO. 1038/HYD/2011 ASSESSMENT YEAR : 2008-09) M/S PRUDHVI CONSTRUCTIONS, APPLICANT NELLORE (PAN AAHFP6740R) VS. JT. COMMISSIONER OF INCOME TAX, RESPONDENT NELLORE RANGE, NELLORE APPLICANT BY : SHRI R.V. SESHAIAH NAIDU RESPONDENT BY : SMT. AMISHA S. GUPT DATE OF HEARING : 28/09/2012 DATE OF PRONOUNCEMENT : 28 /09/2012 ORDER PER ASHA VIJAYARAGHAVAN, J.M.: THIS MISCELLANEOUS APPLICATION FILED BY THE ASSESSE E ARISES OUT OF THE ORDER OF ITAT B BENCH, HYDERABAD BENCHES, HYDERABAD, IN APPEAL ITA NO. 1038/HYD/2011 DATED 16/01/2012, WHIC H WAS PASSED EX-PARTE BY THE ITAT. THE ASSESSEE IN THE MA , BESIDES MENTIONING THE REASONS FOR NOT ATTENDING THE HEARIN G OF HIS CASE, REQUESTED THAT NON ATTENDANCE ON THE DATE OF HEARIN G WAS OUT OF INADVERTENCE AND NOT AS THE ASSESSEE WAS DISINTERES TED IN PROSECUTION OF APPEAL. 2. WE HAVE HEARD THE LEARNED COUNSEL OF THE ASSESSE E AND THE LEARNED DR IN THE MATTER. IN VIEW OF THE ABOVE THAT THE ASSESSEE IS INTERESTED IN PROSECUTING ITS APPEAL, THE ORDER OF THE ITAT (SUPRA) IS RECALLED. THE REGISTRY IS DIRECTED TO FIX THE APPE AL ON 09/01/2013 M.A. NO. 112/HYD/12 M/S PRUDHVI CONSTRUCTIONS 2 FOR HEARING AND ADJUDICATING THE APPEAL ON MERITS, WHICH IS ANNOUNCED IN THE OPEN COURT. 3. IN THE RESULT, THE MISCELLANEOUS APPEAL FILED BY THE ASSESSEE IS ALLOWED AS INDICATED ABOVE. PRONOUNCED IN THE OPEN COURT ON 28/09/2012. SD/- SD/- (CHANDRA POOJARI) (ASHA VIJAYARAGH AVAN) ACCOUNTANT MEMBER JUDICIAL MEMBE R HYDERABAD, DATED: 28/09/2012 KV COPY TO:- 1) M/S PRUDHVI CONSTRUCTIONS, C/O M/S RV SESHAIAH NAID U, K. BHEEMA RAO, ADVOCATE & TAX CONSULTANTS, NO. 14-2 50, KAPU STREET, NELLORE 524 001. 2) JCIT, NELLORE RANGE, NELLORE 3) THE CIT (A), GUNTUR 4) THE CIT, GUNTUR 5) THE DEPARTMENTAL REPRESENTATIVE, I.T.A.T., HYD ERABAD.