Manne Srinivas Rao, Hyderabad, Hyderabad V. ITO, Ward -12(4), Hyderabad, Hyderabad

MA 119/HYD/2015

• Counselvise Citation: [2015] 124 COUNSELVISE.COM (IT) 3758 (ITAT-HYDERABAD)
• Duration Of Justice: 1 month(s) 8 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 04-12-2015
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2010-2011
• Appeal Filed On: 26-10-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: B KURMI NAIDU
• Assessee Lawyers: I RAMDEV BHUTADA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH A, HYDERABAD BEFORE SMT. P.MADHAVI DEVI, JUDICIAL MEMBER AND SHRI B.RAMAKOTAIAH, ACCOUNTANT MEMBER MISC. APPLN. NO.119/HYD/2015 (IN ITA NO.912/HYD/2014) : ASSESSMENT YEARS 2 010-11 SHRI MANNE SRINIVAS RAO, HYDERABAD (PAN - ANSPM 3871 G ) V/S INCOME TAX OFFICER, WARD 12(4), HYDERABAD. (APPLICANT) (RESPONDENT) APPLICANT BY : SHRI I.RAMDEV BHUTADA RESPONDENT BY : SHRI B.KURMI NAIDU DR DATE OF HEARING 4. 12.2015 DATE OF PRONOUNCEMENT 4.12.2015 O R D E R PER P.MADHAVI DEVI, JUDICIAL MEMBER : THIS MISCELLANEOUS APPLICATION IS FILED BY THE AS SESSEE SEEKING RECALL OF THE ORDER OF THIS TRIBUNAL DATED 17.8.2015, DISMISSING THE ASSESSEES APPEAL IN LIMINE FOR NON-PROSECUTION . 2. IN THIS APPLICATION, IT IS STATED THAT TH E LEARNED AUTHORISED REPRESENTATIVE FOR THE ASSESSEE, SHRI R.D.BHUTADA, COULD NOT ATTEND THE HEARING ON THE DATE FIXED FOR HEARING, I.E. 17. 8.2015, AS HE HAD TO ATTEND RITUALS ON THE DEATH OF HIS CO-SISTER AT PUN E, MAHARASHTRA ON 18.8.2015. HE HAS ALSO ANNEXED THE COPY OF THE TR AIN TICKET IN PROOF OF TRAVELLING TO PUNE ON 17.8.2015. 3. TAKING THE ABOVE FACTS INTO CONSIDERATION, WE ARE INCLINED TO ACCEPT THE ASSESSEES CONTENTION ABOUT THE REASO N FOR NON- ATTENDANCE OF THE ASSESSEE OR HIS AUTHORISED REPRES ENTATIVE ON THE DATE OF HEARING, I.E. ON 17.8.2015,. IN VIEW OF TH E SAME, WE RECALL THE ORDER OF THIS TRIBUNAL DATED 21.8.2015 AND FIX THE APPEAL FOR HEARING MA NO.119/HYD/2015 (ITA NO.1912 /HYD/2014) SHRI MANNE SRINIVAS RAO, HYDERABAD 2 ON 15.3.2016. AS THE DATE HAS BEEN ANNOUNCED IN TH E OPEN COURT IN THE PRESENCE OF BOTH THE PARTIES, NO FRESH NOTICE N EED BE GIVEN. 4. IN THE RESULT, MISCELLANEOUS APPLICATION IS A LLOWED. ORDER PRONOUNCED IN THE COURT AT THE CONCLUSION O F HEARING ON 4.12.2015. SD/- SD/- (B.RAMAKOTAIAH) (P.MADHAVI DEVI ) ACCOUNTANT MEMBER. JUDICIAL MEMBER. DT/- 4 TH DECEMBER, 2015 COPY FORWARDED TO: 1. SHRI MANNE SRINIVAS RAO, C/O. CA SARVESH SOMANI, 403, QUEENS COURT APARTMENTS., STREET NO.19, HIMAYATNAGAR, HYDERABAD 500 029. 2. INCOME TAX OFFICER WARD 12(4), HYDERABAD 3. COMMISSIONER OF INCOME - TAX(APPEALS) II , HYDERABAD 4. COMMISSIONER OF INCOME - TAX I, HYDERABAD 5. DEPARTMENTAL REPRESENTATIVE ITAT, HYDERABAD B.V.S.