Dharmasala Hydro Power Limited, Hyderabad, Hyderabad V. ACIT, Circle-1(2), Hyderabad, Hyderabad

MA 117/HYD/2015

• Counselvise Citation: [2015] 124 COUNSELVISE.COM (IT) 3757 (ITAT-HYDERABAD)
• Duration Of Justice: 1 month(s) 12 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 04-12-2015
• Appeal Filed By: Assessee
• Bench Allotted: A
• Assessment Year: 2007-2008
• Appeal Filed On: 23-10-2015
• Court: TRIBUNAL
• Department Lawyers: B KURMI NAIDU

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES A, HYDERABAD BEFORE SMT. P. MADHAVI DEVI, JUDICIAL MEMBER AND SHRI B. RAMAKOTAIAH, ACCOUNTANT MEMBER M.A. NO. 117/HYD/2015 (ARISING OUT OF ITA NO. 862/HYD/2014) ASSESSMENT YEAR : 2007-08 DHA RMASALA HYDROPOWER LIMITED, HYDERABAD [PAN: AABCD4760C] (APPLICANT) VS ASST. COMMISSIONER OF INCOME TAX, CIRCLE-1(2), HYDERABAD (RESPONDENT) FOR ASSESSEE : SHRI SAMUEL NAGADESI , AR FOR REVENUE : SHRI B. KURMI NAIDU , DR DATE OF HEARING : 04 - 1 2 - 2015 DATE OF PRONOUNCEMENT : 04 - 12 - 2015 O R D E R PER B. RAMAKOTAIAH, A.M. : THIS MISCELLANEOUS APPLICATION IS FILED BY ASSESSEE SEEKING RECALL OF THE ORDER OF THIS TRIBUNAL DATED 23-06-20 15, DISMISSING THE ASSESSEES APPEAL IN LIMINE FOR NON-PROSECUTION . 2. IN THIS APPLICATION, IT IS STATED THAT THE LEARNED AUTHORISED REPRESENTATIVE FOR ASSESSEE COULD NOT ATTEND THE HE ARING ON THE DATE FIXED FOR HEARING, I.E. ON 23-06-2015, AS THE AUTHORISED REPRESENTATIVE ON THE SAID DATE WAS URGENTLY REQUIR ED TO ATTEND A 2 M.A. NO. 117/HYD/2015 CERTAIN FAMILY PROBLEMS CONSEQUENT TO THE SUDDEN DE MISE OF HIS SISTER-IN-LAW. 3. TAKING THE ABOVE FACTS INTO CONSIDERATION, WE A RE INCLINED TO ACCEPT ASSESSEES CONTENTION ABOUT THE REASON FOR N ON-ATTENDANCE OF THE ASSESSEE OR HIS AUTHORISED REPRESENTATIVE ON THE DATE OF HEARING, I.E. ON 23-06-2015. IN VIEW OF THE SAME, WE RECALL THE ORDER OF THIS TRIBUNAL DATED 23-06-2015 AND FIX THE APPEAL FOR HEARING ON 15-03-2016. AS THE DATE HAS BEEN ANNOUN CED IN THE OPEN COURT IN THE PRESENCE OF BOTH THE PARTIES, NO FRESH NOTICE NEED BE GIVEN. 4. IN THE RESULT, MISCELLANEOUS APPLICATION IS ALL OWED. ORDER PRONOUNCED IN THE COURT AT THE CONCLUSION O F HEARING ON 04-12-2015. SD/- SD/- (P. MADHAVI DEVI) (B. RAMAKOTAIAH) JUDICIAL MEMBER ACCOUNTANT MEM BER HYDERABAD, DATED 04 TH DECEMBER, 2015 TNMM 3 M.A. NO. 117/HYD/2015 COPY TO : 1. DHARMASALA HYDROPOWER LIMITED, PLOT NO. 30A, ROAD NO.1, FILM NAGAR, JUBILEE HILLS, HYDERABAD. C/O. SH RI SAMUEL NAGADESI, CA, 408, SRI RAMAKRISHNA TOWERS, BESIDES IMAGE HOSPITALS, AMEERPET, HYDERABAD. 2. ASST. COMMISSIONER OF INCOME TAX, CIRCLE-1(2), HYDERABAD. 3. THE CIT(APPEALS)-I, HYDERABAD. 4 . THE CIT (CENTRAL) , HYDERABAD. 5 . D.R. ITAT, HYDERABAD. 6. GUARD FILE