Sarojini Naidu Vanitha Pharmacy Maha Vidyalaya, Hyderabad V. DDIT(Exemptions)-I, Hyderabad

MA 150/HYD/2012

• Counselvise Citation: [2012] 123 COUNSELVISE.COM (IT) 9042 (ITAT-HYDERABAD)
• Duration Of Justice: 1 month(s) 6 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 10-08-2012
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: misc
• Appeal Filed On: 04-07-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: V V RAMANA RAO
• Assessee Lawyers: C P RAMASWAMY

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH B', HYDERABAD BEFORE SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER AND SMT. ASHA VIJAYARAGHAVAN, JUDICIAL MEMBER M.A. NO. 150/HYD/2012 ARISING OUT OF I.T.A. NO. 725/HYD/2011 (ASSESSMENT YEAR : 2007-08) M/S. SAROJINI NAIDU VANITA PHARMACY MAHA VIDYALAYA HYDERABAD PAN: AADAS1055R VS. THE DEPUTY DIRECTOR OF INCOME-TAX (EXEMPTIONS)-I HYDERABAD APPELLANT RESPONDENT APPELLANT BY: SRI C.P. RAMA SWAMY RESPONDENT BY: SRI V.V. RAMANA RAO DATE OF HEARING: 03 . 08 .201 2 DATE OF PRONOUNCEMENT: 10.08.2012 O R D E R PER CHANDRA POOJARI, AM: BY THIS MA, THE ASSESSEE SEEKS RECALL OF THE EX-PA RTE ORDER OF THE TRIBUNAL DATED 16.4.2012 IN ITA NO. 725/HYD/201 1. 2. THE LEARNED AR SUBMITTED THAT THE CONCERNED PERSON WHO IS REQUIRED TO ATTEND BEFORE THE TRIBUNAL WAS HELD UP IN A.P. HIGH COURT AND HIS JUNIOR WAS STRANDED IN TRAFFIC JAM IN MORNING HOURS. BEING SO, THE ASSESSEE WAS NOT REPRESENTED BEFORE T HE TRIBUNAL. HE PRAYED THAT THE ORDER OF THE TRIBUNAL MAY BE REC ALLED. 3. THE DR NOT SERIOUSLY OPPOSED THE ARGUMENT OF THE ASSESSEE'S COUNSEL. 4. WE HAVE HEARD BOTH THE PARTIES AND PERUSED THE MATE RIAL ON RECORD. WE ARE SATISFIED ABOUT THE REASONS ADVANCE D BY THE ASSESSEE'S COUNSEL FOR NON-APPEARANCE BEFORE THE TR IBUNAL ON THE SCHEDULED DATE OF HEARING AND THE ASSESSEE'S NON-AP PEARANCE IS ON ACCOUNT OF FAILURE ON THE PART OF ITS COUNSEL TO APPEAR BEFORE THE I.T.A. NO. 150/HYD/2012 M/S. SAROJINI NAIDU VANITA PHARMACY MAHA VIDYALAYA ===================== 2 TRIBUNAL. ACCORDINGLY, WE RECALL THE EX-PARTE ORDE R OF THE TRIBUNAL AND POST THE CASE FOR HEARING ON 12.11.2012. NO NO TICE OF HEARING SHALL BE SENT TO THE PARTIES AND THIS ORDER ITSELF WILL SERVE AS A NOTICE OF HEARING ON BOTH THE PARTIES. 5. IN THE RESULT, THE MA FILED BY THE ASSESSEE IS ALLO WED. ORDER PRONOUNCED IN THE OPEN COURT ON 10 TH AUGUST, 2012. SD/ - (ASHA VIJAYARAGHAVAN) JUDICIAL MEMBER SD/ - (CHANDRA POOJARI) ACCOUNTANT MEMBER HYDERABAD, DATED THE 10 TH AUGUST, 2012 COPY FORWARDED TO: 1. M/S. SAROJINI NAIDU VANITA PHARMACY MAHA VIDYALAYA, C/O. DR. C.P. RAMASWAMI, ADVOCATE, FLAT NOS. 102 & 103, GITANJALI APARTMENTS, PLOT NO. 108, SRINAGAR COLONY , HYDERABAD-500 073. 2. THE DEPUTY DIRECTOR OF INCOME - TAX (EXEMPTIONS) - I, HYDERABAD. 3. THE C IT(A) - IV, HYDERABAD 4 . THE DIT (EXEMPTIONS), HYDERABAD. 5. THE DR B BENCH, ITAT, HYDERABAD. TPRAO