Magna Infotech Pvt.Ltd., Hyderabad V. DCIT, Circle-16(2), Hyderabad

MA 131/HYD/2012

• Counselvise Citation: [2012] 123 COUNSELVISE.COM (IT) 8997 (ITAT-HYDERABAD)
• Duration Of Justice: 7 month(s) 25 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 07-09-2012
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2005-2006
• Appeal Filed On: 13-01-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: DIWAKAR PRASAD
• Assessee Lawyers: B SATYANARAYANA MURTHY

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH B', HYDERABAD BEFORE SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER AND SRI SAKTIJIT DEY, JUDICIAL MEMBER M.A. NO. 131/HYD/2012 IN C.O. NO. 06/HYD/2009 ARISING OUT OF I.T.A. NO. 287/HYD/2009 ASSESSMENT YEAR : 2005-06 M/S. MAGNA INFOTECH PVT. LTD., HYDERABAD PAN: AACCM0914A VS. DY. CIT CIRCLE-16(2) HYDERABAD APPELLANT RESPONDENT APPELLANT BY: SRI B. SATYANARAYANA MURTHY RESPONDENT BY: SRI DIWAKAR PRASAD DATE OF HEARING: 24.08.2012 DATE OF PRONOUNCEMENT: 07.09.2012 O R D E R PER CHANDRA POOJARI, AM: BY THIS MISCELLANEOUS APPLICATION THE ASSESSEE IS SEEKING RECALL OF EX-PARTE ORDER OF THIS TRIBUNAL IN C.O. N O. 6/HYD/09 DATED 5 TH APRIL, 2011 WHEREIN THE TRIBUNAL DISMISSED THE C.O . FILED BY THE ASSESSEE FOR NON APPEARANCE. 2. THE LEARNED AR SUBMITTED THAT THE DEPARTMENT FILED AN APPEAL AGAINST THE ASSESSEE IN ITA NO. 287/HYD/2009 FOR THE ASSESSMENT YEAR 2005-06 AND THE ASSESSEE-COMPANY FI LED CROSS OBJECTION IN CO NO. 6/HYD/2009. THE CO WAS FIXED F OR HEARING ON 5.4.2011. THE TAX CONSULTANT WHO HAS TO REPRESE NT THE ASSESSEE BEFORE THE TRIBUNAL WAS OUT OF COUNTRY ON THAT DAY AND THE ASSESSEE, INADVERTENTLY, COULD NOT FILE ANY ADJ OURNMENT PETITION AND THE TRIBUNAL DISMISSED THE CO FOR WANT OF PROSECUTION. THE AR OF THE ASSESSEE SUBMITTED THAT THE ASSESSEE IS VERY MUCH INTERESTED IN PROSECUTING ITS CO AND M.A. NO. 131/HYD/2012 M/S. MAGNA INFOTECH PVT. LTD. ======================== 2 PRAYED THAT ONE MORE OPPORTUNITY MAY BE GIVEN TO TH E ASSESSEE TO CONTEND ITS CASE ON MERIT. 3. THE LEARNED DR DOES NOT RAISE ANY SERIOUS OBJECTION AGAINST THE ARGUMENT OF THE ASSESSEE'S COUNSEL. 4. WE HAVE HEARD BOTH THE PARTIES AND PERUSED THE MATE RIAL ON RECORD. WE ARE SATISFIED WITH THE REASONS ADVAN CED BY THE AR OF THE ASSESSEE. THE ASSESSEE'S CROSS OBJECTION IN CO. NO. 6/HYD/2009 IS HEREBY RECALLED AND RESTORED ON THE F ILE OF THE TRIBUNAL. THE NEXT DATE OF HEARING OF THE CO IS FI XED ON 26.11.2012. NO SEPARATE NOTICE OF HEARING SHALL BE SENT TO BOTH THE PARTIES AND THIS ORDER ITSELF WILL SERVE AS NOT ICE OF HEARING. 5. IN THE RESULT, THE MA FILED BY THE ASSESSEE IS ALLO WED. ORDER PRONOUNCED IN THE OPEN COURT ON 7 TH SEPTEMBER, 2012. SD/- (SAKTIJIT DEY) JUDICIAL MEMBER SD/- (CHANDRA POOJARI) ACCOUNTANT MEMBER HYDERABAD, DATED 7 TH SEPTEMBER, 2012 TPRAO COPY FORWARDED TO: 1. M/S. MAGNA INFOTECH PVT. LTD., C/O. M/S. VENUGOP AL & CHENOY, CAS, TILAK ROAD, HYDERABAD. 2. THE DY. COMMISSIONER OF INCOME-TAX, CIRCLE-16(2) , HYDERABAD. 3. THE CIT(A) CONCERNED. 4. THE CIT CONCERNED 5. THE DR B BENCH, ITAT, HYDERABAD