Abdul Rahman Khan, Hyderabad V. Addl.CIT, Range-8, Hyderabad

MA 115/HYD/2014

• Counselvise Citation: [2014] 124 COUNSELVISE.COM (IT) 2305 (ITAT-HYDERABAD)
• Duration Of Justice: 1 month(s) 22 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 08-08-2014
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2007-2008
• Appeal Filed On: 16-06-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: P BALAKRISHNA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH B, HYDERABAD BEFORE SHRI P.M. JAGTAP, ACCOUNTANT MEMBER AND SHRI SAKTIJIT DEY, JUDICIAL MEMBER M.A.NO. 115/HYD/2014 (IN ITA NO. 250/HYD/2014 ASSESSMENT YEAR: 2007-08) ABDUL REHMAN KHAN, APPLICANT HYDERABAD. (PAN ADIPA4479Q) VS. ADDL. COMMISSIONER OF INCOME-TAX, RE SPONDENT RANGE 8, HYDERABAD. ASSESSEE BY : SHRI P. BALAKRISHNA REVENUE BY : SHRI SOLGY JOSE T KOTTARAM DATE OF HEARING : 08/08/2014 DATE OF PRONOUNCEMENT : 08/08/2014 ORDER PER SAKTIJIT DEY, J.M.: THIS MISCELLANEOUS APPLICATION FILED BY THE ASSESSE E ARISES OUT OF THE ORDER OF ITAT B BENCH, HYDERABAD BENCHES, HYDERABAD, IN ITA NO. 250/HYD/2014 DATED 15/05/2014, DISMISSING T HE APPEAL EXPARTE IN LIMINE FOR NON-PROSECUTION. 2. THE LEARNED AR REFERRING TO THE REASONS FOR NOT ATTENDING THE HEARING AS STATED IN THE M.A. SUBMITTED THAT NON AT TENDANCE ON THE DATE OF HEARING WAS OUT OF INADVERTENCE AND NOT BEC AUSE THE ASSESSEE WAS DISINTERESTED IN PROSECUTING THE APPEA L. HE, THEREFORE, REQUESTED FOR RECALLING THE EXPARTE ORDER, AND HEAR ING THE APPEAL ON MERIT. THE LEARNED DR ALSO HAS NO OBJECTION IF THE ORDER IS RECALLED AND APPEAL IS HEARD ON MERIT. MA NO. 115/HYD/14 ABDUL REHMAN KHAN 2 3. HAVING CONSIDERED THE SUBMISSIONS OF THE PARTIES , WE ARE INCLINED TO RECALL OUR ORDER DATED 15/05/2014 PASSE D IN ITA NO. 250/HYD/2014 AND POST THE APPEAL FOR HEARING ON 11/ 09/2014. AS THE AFORESAID DATE OF HEARING OF APPEAL WAS ANNOUNCED I N THE OPEN COURT IN PRESENCE OF BOTH THE COUNSELS, NO SEPARATE NOTIC E OF HEARING IS REQUIRED TO BE ISSUED TO THE PARTIES. 4 . IN THE RESULT, THE MISCELLANEOUS APPLICATION FI LED BY THE ASSESSEE IS ALLOWED. PRONOUNCED IN THE OPEN COURT ON 08/08/2014 UPON CON CLUSION OF HEARING. SD/- SD/- (P.M. JAGTAP) ( SAKTIJIT DEY) ACCOUNTANT MEMBER JUDICIA L MEMBER HYDERABAD, DATED: 08/08/2014 KV COPY TO:- 1) ABDUL REHMAN KHAN, H.NO. 2-4-21/A, HUSSAINI ALAM , HYDERABAD. 2) ADDL. CIT, RANGE 8, HYDERABAD. 3) THE CIT(A)-II, HYDERABAD 4) THE CIT-II, HYDERABAD. 5) THE DEPARTMENTAL REPRESENTATIVE, I.T.A.T ., HYDERABAD.