T. Chakkilam Srinivas Rao, Kurnool, Kurnool V. ITO, Ward-1, Kurnool, Kurnool

MA 123/HYD/2015

• Counselvise Citation: [2016] 124 COUNSELVISE.COM (IT) 3835 (ITAT-HYDERABAD)
• Duration Of Justice: 2 month(s) 18 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 29-01-2016
• Appeal Filed By: Assessee
• Bench Allotted: B
• Assessment Year: 2008-2009
• Appeal Filed On: 10-11-2015
• Court: TRIBUNAL
• Department Lawyers: B KURMI NAIDU
• Assessee Lawyers: A C GANGAIAH

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH ES B , HYDERABAD BEFORE SMT. P. MADHAVI DEVI, JUDICIAL MEMBER AND SHRI B. RAMAKOTAIAH, ACCOUNTANT MEMBER M .A. NO. 1 2 3 /H YD /201 5 ( ARISING OUT OF ITA NO. 1483/HYD/2014) ASSESSMENT YEAR: 20 0 8 - 0 9 SHRI T. CHAKKILAM SRINIVASA RAO , KURNOOL [PAN: A EEPC3722K ] VS INCOME TAX OFFICER , WARD - I , KURNOOL (APPL IC ANT) (RESPONDENT) FOR ASSESSEE : SHRI A.C. GANGAIAH , AR FOR REVENUE : SHRI B. KURMI NAIDU , DR DATE OF HEARING : 29 - 0 1 - 201 6 DATE OF PRONOUNC EMENT : 29 - 0 1 - 201 6 O R D E R PER B. RAMAKOTAIAH, A.M. : THIS MISCELLANEOUS APPLICATION IS FILED BY THE ASSESSEE SEEKING RECALL OF THE ORDER OF THIS TRIBUNAL DATED 23 - 10 - 2015, DISMISSING THE ASSESSEES APPEAL IN LIMINE FOR NON - PROSECUTION. 2. IN THIS APPLICATION, IT IS STATED BY ASSESSEE THAT HE ATTENDED ALL THE HEARINGS EXCEPT ON 23 RD OCTOBER, 20 1 5 . FOR THAT ASSESSEE GAVE EXPLANATION THAT DUE TO NON - MENTIONING OF HIS NAME IN THE CAUSE LIST KEPT IN THE WEB - SITE OF TRIBUNAL , HE COULD NOT ATTEN D FOR M. A. NO. 123 / HYD / 201 5 : - 2 - : HEARING ON 23 RD OCTOBER, 2015 . A SSESSEE HAS SUBMITTED AN AFFIDAVIT WITH A PRAYER TO RESTORE THE APPEAL WHICH WAS DISMISSED. 3. TAKING THE ABOVE FACTS INTO CONSIDERATION, WE ARE INCLINED TO ACCEPT THE ASSESSEES CONTENTION ABOUT THE REASON FOR NON - ATTENDANCE OF THE ASSESSEE OR HIS AUTHORISED REPRESENTATIVE ON THE DATE OF HEARING, I.E. ON 23 RD OCTOBER, 2015 . IN VIEW OF THE SAME, WE RECALL THE ORDER OF THIS TRIBUNAL DATED 23 - 10 - 2015 AND FIX THE APPEAL FOR HEARING ON 30 - 0 3 - 2016. AS THE DATE HAS BEEN ANNOUNCED IN THE OPEN COURT IN THE PRESENCE OF BOTH THE PARTIES, NO FRESH NOTICE NEED BE GIVEN. 4. IN THE RESULT, MISCELLANEOUS APPLICATION IS ALLOWED. ORDER PRONOUNCED IN THE COURT ON 29 TH JANUARY 201 6 UPON COMPLETION OF HE ARING SD/ - SD/ - (P. MADHAVI DEVI) (B. RAMAKOTAIAH) JUDICIAL MEMBER ACCOUNTANT MEMBER HYDERABAD, DATED 29 TH JAN UARY, 2016 TNMM M. A. NO. 123 / HYD / 201 5 : - 3 - : COPY TO : 1. SHRI T. CHAKKILAM SRINIVASA RAO, 45 - 203A - 55, VENKATARAMANA COLONY, KURN OOL. 2 . INCOME TAX OFFICER , WARD - I , KURNOOL. 3 . CIT (APPEALS) - I V , HYDERABAD. 4. CIT - I II , HYDERABAD. 5 . D.R. ITAT, HYDERABAD. 6 . GUARD FILE.