Bijjala Eswara Rao, Khammam V. Asst. Commissioner of Income Tax, Circle-1, Khammam

MA 15/Hyd/2019

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 2521 (ITAT-HYDERABAD)
• Duration Of Justice: 1 month(s) 11 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 11-03-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB-A
• Assessment Year: 2015-2016
• Appeal Filed On: 30-01-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: V. RAJITHA
• Keywords: FORM 26AS

Judgement Text

MA NO 15 OF 2019 BIJJALA ESWARA RAO KHAMMAM. PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD A BENCH, HYDERABAD BEFORE SMT. P. MADHAVI DEVI, JUDICIAL MEMBER AND SHRI S.RIFAUR RAHMAN, ACCOUNTANT MEMBER M.A. NO.15/HYD/2019 (ARISING OUT OF ITA NO.628/HYD/2018) (ASSESSMENT YEAR: 2015-16) SHRI BIJJALA ESWARA RAO KHAMMAM PAN:AGKPB3708L VS ASSTT. COMMISSIONER OF INCOME TAX, CIRCLE-1 KHAMMAM (APPELLANT) (RESPONDENT) FOR ASSESSEE : SHRI T. CHAITANYA KUMAR FOR REVENUE : SMT. V. RAJITHA, DR O R D E R PER SMT. P. MADHAVI DEVI, J.M. THIS M.A.IS FILED BY THE ASSESSEE SEEKING RECALL OF THE ORDER OF THE TRIBUNAL DATED 31.07.2018 DISMISSING T HE APPEAL IN LIMINI FOR NON-RECTIFICATION OF THE DEFECTS POINTED OUT BY THE REGISTRY. THE ASSESSEE SUBMITS THAT THE ASSESSEE HA S NOW RECTIFIED THE DEFECTS BY FILING A COPY OF 26AS EVID ENCING THE APPEAL FEE PAID UNDER THE CORRECT HEAD ALONG WITH THIS M.A . 2. AFTER HEARING BOTH THE PARTIES AND AFTER VERIFYI NG FORM 26AS, WE ARE SATISFIED THAT THE DEFECT HAS BEEN REC TIFIED AND ARE THEREFORE, INCLINED TO RECALL THE ORDER OF THE TRIB UNAL AND FIX THE APPEAL FOR HEARING ON 12.09.2019. AS THE DATE OF HE ARING HAS BEEN DATE OF HEARING : 08.03.2019 DATE OF PRONOUNCEMENT: 11.03.2019 MA NO 15 OF 2019 BIJJALA ESWARA RAO KHAMMAM. PAGE 2 OF 2 DECLARED IN THE OPEN COURT IN THE PRESENCE OF BOTH THE PARTIES, NO FRESH NOTICE FOR HEARING NEED BE SENT. MISCELLANEOU S APPLICATION FILED BY THE ASSESSEE IS ACCORDINGLY ALLOWED. 3. IN THE RESULT, M.A FILED BY THE ASSESSEE IS ALLO WED. ORDER PRONOUNCED IN THE OPEN COURT ON 11 TH MARCH, 2019. SD/- SD/- (S.RIFAUR RAHMAN) ACCOUNTANT MEMBER (P. MADHAVI DEVI) JUDICIAL MEMBER HYDERABAD, DATED 11 TH MARCH, 2019. VINODAN/SPS COPY TO: 1 SHRI G.P. TANDON, ADVOCATE, FLAT NO.102, SHIVANI FORT VIEW, NIZAMPET, KHAMMAM 507001 2 ACIT, CIRCLE-1 KHAMMAM 507003 3 CIT (A)-7 HYDERABAD 4 PR. CIT 7 HYDERABAD 5 THE DR, ITAT HYDERABAD 6 GUARD FILE BY ORDER