M/s. IWM Constructions P. Ltd, Hyderabad V. DCIT., Cir-2(1), Hyderabad

MA 139/HYD/2011

• Counselvise Citation: [2011] 123 COUNSELVISE.COM (IT) 6938 (ITAT-HYDERABAD)
• Duration Of Justice: 4 month(s) 11 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 23-09-2011
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: misc
• Appeal Filed On: 12-05-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: DIWAKAR PRASAD
• Assessee Lawyers: PANJAK JAIN

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD A BENCH, HYDERABAD BEFORE SHRI G.C. GUPTA, VICE PRESIDENT AND SHRI AKBER BASHA, ACCOUNTANT MEMBER MA NO.139/HYD/2011 ARISING OUT OF ITA NO.86/HYD/2008 ASSESSMENT YEAR 2004-05 M/S IWM CONSTRUCTIONS P LTD., HYDERABAD (PAN AAACI 8728 C) VS THE DCIT, CIRCLE 2(1), HYDERABAD APPELLANT RESPONDENT APPELLANT BY : SHRI PANJAK JAIN RESPONDENT BY : SHRI DIWAKAR PRASAD DATE OF HEARING : 23.9.2011 DATE OF PRONOUNCEMENT : ORDER PER AKBER BASHA, A.M. BY THIS MISCELLANEOUS APPLICATION, THE ASSESSEE HAS REQUESTED FOR RECALL OF THE EX PARTE ORDER OF THE T RIBUNAL DATED 19.3.2008 PASSED IN THE APPEAL OF THE ASSESSE E, BEING IN ITA NO.86/HYD/2008 FOR THE ASSESSMENT YEAR 2004- 05. 2. THE LEARNED COUNSEL FOR THE ASSESSEE HAS EXPLA INED THE REASONS FOR NOT APPEARING BEFORE THE TRIBUNAL B Y FILING A MISCELLANEOUS APPLICATION. ONE OF THE MAIN REASONS IS THAT THE ASSESSEE HAS NOT ONLY CHANGED HIS TAX CONSULTAN T FROM PRICE WATER HOUSE TO M/S CHANDRADHAR & NANDAN C AS BUT ALSO SHIFTING ITS REGISTERED OFFICE TO SECUNDERABAD . HE, THEREFORE DID NOT RECEIVE THE NOTICE OF HEARING FIX ED ON 19.3.2008 WHEN THE CASE WAS POSTED. THE LEARNED DEPARTMENTAL REPRESENTATIVE HAS NOT RAISED ANY SERI OUS OBJECTION. MA NO.139/HYD/2011 ARISING OUT OF ITA NO.86/H/2008 M/S IWM CONSTRUCTIONS P LTD., HYDERABAD 2 3. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS. IN VIEW OF THE CIRCUMSTANCES EXPLAINED BY THE LEARNED COUNSEL FOR THE ASSESSEE FOR NOT APPEARING BEFORE THE TRIBUNAL ON T HE DATE OF HEARING ON 19.3.2008, WE ARE OF THE VIEW THAT TH ERE WAS SUFFICIENT CAUSE FOR NON APPEARANCE BEFORE THE TRIB UNAL ON BEHALF OF THE ASSESSEE AT THE TIME OF HEARING ON TH E APPEAL. ACCORDINGLY, THE EX PARTE ORDER OF THE TRIBUNAL DAT ED 19.3.2008 FOR THE ASSESSMENT YEAR 2004-05 IS RECALL ED AND THE FRESH DATE OF HEARING WILL BE FIXED ON 10.1.2012. 4. IN THE RESULT, MISCELLANEOUS APPLICATION OF TH E ASSESSEE IS ALLOWED. 5. ORDER PRONOUNCED IN THE COURT AT THE CONCLUSIO N OF HEARING OF THE APPEAL ON 23. 9.2011 SD/- SD/- ( G.C. GUPTA ) (AKBER BASHA) VICE PRESIDENT ACCOUNTANT M EMBER DATED THE 23 RD SEPT., 2011 COPY FORWARDED TO: 1. M/S IWM CONSTRUCTIONS P LTD., 4 TH FLOOR, 6-3-550, LB BHAVAN, SOMAJIGUDA, HYDERABAD-500 081. 2. THE DCIT, CIRCLE 2(1), HYDERABAD 3. THE CIT(A)-III , HYDERABAD 4. THE CIT-II, HYDERABAD 5. THE DR, ITAT, HYDERABAD NP/