Sri J Venkata Rao, Tenali V. The ITO, Ward-2, Tenali

MA 141/VIZ/2010

• Counselvise Citation: [2010] 123 COUNSELVISE.COM (IT) 5847 (ITAT-VISAKHAPATNAM)
• Duration Of Justice: 1 month(s) 17 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 20-10-2010
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Assessment Year: 2005-2006
• Appeal Filed On: 03-09-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: J SIRI KUMAR
• Assessee Lawyers: Y SURYACHANDRA RAO

Judgement Text

PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL VISAKHAPATNAM BENCH, VISAKHAPATNAM BEFORE: SHRI SUNIL KUMAR YADAV, JUDICIAL MEMBER AND SHRI BR BASKARAN, ACCOUNTANT MEMBER M.A. NOS. 140 & 141/VIZAG/2010 (ARISING OUT OF ITA NOS.72 & 73/VIZAG/2010) ASSESSMENT YEAR: 2005-06 & 2006-07 SRI J. VENKATA RAO, TENALI VS. ITO WARD(2) TENALI (APPELLANT) (RESPONDENT) PAN NO.ABJPJ 6320 Q APPELLANT BY: SHRI Y. SURYA CHANDRA RAO, CA RESPONDENT BY: SHRI J. SIRI KUMAR, DR ORDER PER SHRI B.R. BASKARAN, ACCOUNTANT MEMBER : BY THIS PETITION THE ASSESSEE SEEKS RECALL OF ORDE R DATED 3 RD MAY, 2010 PASSED BY THIS BENCH ON THE GROUND THAT THE NON APP EARANCE ON THE DATE FIXED FOR HEARING WAS ON ACCOUNT OF SUFFICIENT CAUS E. 2. LD COUNSEL FOR THE ASSESSEE SUBMITTED THAT NEITH ER THE APPELLANT NOR THE AUTHORIZED REPRESENTATIVE RECEIVED ANY NOTICE P OSTING THE CASE FOR HEARING. ACCORDINGLY, HE SUBMITTED THAT THE NON-AP PEARANCE ON THE DATE OF HEARING WAS FOR SUFFICIENT CAUSE AND PRAYED FOR REC ALL OF THE ORDER. WE ALSO HEARD THE LD DEPARTMENTAL REPRESENTATIVE IN THIS REGARD. 3. HAVING REGARD TO THE REASONS GIVEN BY THE ASSESS EE AND IN EXERCISE OF POWERS VESTED IN US UNDER RULE 24 AND 25 OF THE APP ELLATE TRIBUNAL RULES, WE RECALL THE ORDER REFERRED SUPRA. PAGE 2 OF 2 4. THE MISCELLANEOUS PETITION IS ACCORDINGLY ALLOWE D AND THE REGISTRY IS DIRECTED TO POST THE APPEAL ON 30 TH NOVEMBER, 2010. SINCE THE DATE OF HEARING IS ANNOUNCED IN THE OPEN COURT IN THE PRESE NCE OF THE PARTIES, BOTH THE PARTIES MAY NOTE THAT FORMAL NOTICE OF HEARING WILL NOT BE SENT TO THEM. PRONOUNCED ACCORDINGLY ON 20 TH OCTOBER, 2010. SD/- SD/- (SUNIL KUMAR YADAV) (B R BASKARAN) JUDICIAL MEMBER ACCOUNTANT MEMBER PVV/SPS VISAKHAPATNAM DATE: 20-10-2010. COPY TO 1 SHRI J. VENKATA RAO, LECTURER IN CHEMISTRY, VSR & NVR COLLEGE, TENALI 2 THE INCOME TAX OFFICER, WARD(2) TENALI 3 THE CIT (A) GUNTUR, 4 THE CIT, GUNTUR 5 THE DR, ITAT, VISAKHAPATNAM. 6 GUARD FILE. BY ORDER SENIOR PRIVATE SECRETARY INCOME TAX APPELLATE TRIBUNAL VISAKHAPATNAM