Deccan Grameena Bank (presently Telegana Grameena Bank), , Hyd, Hyderabad V. ITO, Ward-9(4), Hyd, Hyderabad

MA 131/HYD/2015

• Counselvise Citation: [2016] 124 COUNSELVISE.COM (IT) 3838 (ITAT-HYDERABAD)
• Duration Of Justice: 24 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 01-01-2016
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2010-2011
• Appeal Filed On: 08-12-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: B KURMI NAIDU
• Assessee Lawyers: T UMAKANT

Judgement Text

THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH B, HYDERABAD BEFORE SMT. P. MADHAVI DEVI, JUDICIAL MEMBER AND SHRI S. RIFAUR RAHMAN, ACCOUNTANT MEMBER M.A. NO. 131/HYD/2015 (IN ITA NO. 285/HYD/2015 ASSESSMENT YEAR: 2010-11) M/S DECCAN GRAMEENA BANK (PRESENTLY TELANGANA GRAMEENA BANK), HYDERABAD. VS. INCOME-TAX OFFICER, WARD 9(4), HYDERABAD (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI T. UMAKANT REVENUE BY : SHRI B. KURMI NAIDU DATE OF HEARING : 01-01-2016 DATE OF PRONOUNCEMENT : 01-01-2016 O R D E R PER S. RIFAUR RAHMAN, A.M.: THIS MISCELLANEOUS APPLICATION FILED BY THE ASSESSE E ARISES OUT OF THE ORDER OF ITAT B BENCH, HYDERABAD BENCHES, HYDERABAD, IN ITA NO. 285/HYD/2015 DATED 20/11/2015, DISMISSING T HE APPEAL EX- PARTE 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. THE REASONS MENTIONED IN THE M.A. FOR NOT ATTENDING BY THE COU NSEL ON THE DATE OF HEARING WERE ALSO AFFIRMED IN THE AFFIDAVIT FILED BEFORE US BY ASSESSEE. HE, THEREFORE, REQUESTED FOR RECALLING TH E EX-PARTE ORDER, AND HEARING THE APPEAL ON MERIT. THE LEARNED DR ALS O HAS NO OBJECTION IF THE ORDER IS RECALLED AND APPEAL IS HE ARD ON MERIT. MA NO. 131/HYD/15 DECCAN GRAMEENA BANK (PRESETLY TELANGANA GRAMEENA BANK) 2 3. WE HAVE CONSIDERED THE SUBMISSIONS OF THE PARTI ES AND PERUSED THE MATERIALS ON RECORD. AS ASSESSEE IS PRE VENTED BY SUFFICIENT CAUSE FOR NOT ATTENDING ON THE DATE OF H EARING OF APPEAL, WE ARE INCLINED TO RECALL OUR ORDER DATED 20/11/2015 P ASSED IN ITA NO. 285/HYD/2015 AND POST THE APPEAL FOR HEARING ON 08/02/2016 . 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 01/01/2016. SD/- SD/- (P. MADHAVI DEVI) (S. RIFAUR RAHMAN) JUDICIAL MEMBER AC COUNTANT MEMBER HYDERABAD, DATED: 1 ST JANUARY, 2016 KV COPY TO:- 1) M/S DECCAN GRAMEENA BANK (PRESENTLY TELANGANA GR AMEENA BANK, C/ M/S MURTHY & KANTH, CAS., FLAT NO. 113, SOVEREIGN SHELTERS, LAKADIKAPURL, HYDERABAD 500 004. 2) ITO, WARD 9(4), KARIMNAGAR. 3 CIT- 7, HYDERABAD 4) ADDL. CIT, RANGE - 9, HYDERABAD 5) THE DEPARTMENTAL REPRESENTATIVE, I.T.A.T., H YDERABAD.