Shri Satya Prasad Gorti, Hyderabad V. ACIT, Circle-3(1), Hyderabad, Hyderabad

MA 152/HYD/2014

• Counselvise Citation: [2014] 124 COUNSELVISE.COM (IT) 2609 (ITAT-HYDERABAD)
• Duration Of Justice: 1 month(s) 5 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 12-12-2014
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2008-2009
• Appeal Filed On: 07-11-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: RAJAT MITRA
• Assessee Lawyers: D V ANJANEYULU

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH B, HYDERABAD BEFORE SHRI B. RAMAKOTAIAH, ACCOUNTANT MEMBER AND SHRI SAKTIJIT DEY, JUDICIAL MEMBER M.A. NO. 152/HYD/14 (IN ITA NO. 707/HYD/2013 ASSESSMENT YEAR : 2008-09) SHRI SATYA PRASAD GORTI, APPLICA NT HYDERABAD 500 073 (PAN ADBPG 9020G) VS. ASST. COMMISSIONER OF INCOME-TAX, RESPONDENT CIRCLE 3(1), HYDERABAD. APPLICANT BY : SHRI D.V. ANJANEYULU RESPONDENT BY : SHRI RAJAT MITRA DATE OF HEARING : 12/12/2014 DATE OF PRONOUNCEMENT : 12/12/2014 ORDER PER SAKTIJIT DEY, J.M.: THIS MISCELLANEOUS APPLICATION FILED BY THE ASSESSE E ARISES OUT OF THE ORDER OF ITAT B BENCH, HYDERABAD BENCHES, HYDERABAD, IN ITA NO. 707/HYD/2014 DATED 03/09/2014, 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. HE, THEREFORE, REQUESTED FOR RECALLING THE EX-PARTE ORDER, AND HEA RING THE APPEAL ON MERIT. THE LEARNED DR ALSO HAS NO OBJECTION IF THE ORDER IS RECALLED AND APPEAL IS HEARD ON MERIT. MA NO. 152/HYD/14 SHRI SATYA PRASAD GORTI 2 3. HAVING CONSIDERED THE SUBMISSIONS OF THE PARTIES , WE ARE INCLINED TO RECALL OUR ORDER DATED 03/09/2014 PASSE D IN ITA NO. 707/HYD/2013 AND POST THE APPEAL FOR HEARING ON 19/03/2015 . 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 19/12/2014. SD/- SD/- (B. RAMAKOTAIAH) (SAKTIJIT DEY) ACCOUNTANT MEMBER JUDICIA L MEMBER HYDERABAD, DATED: 12 TH DECEMBER, 2014 KV COPY TO:- 1) SHRI SATYA PRASAD GORTI, C/O M/S ANJANEYULU & CO., CAS., 30, BHAGYALAKSHMI NAGAR, GANDHI NAGAR, HYDERABAD 500 080. 2) ACIT, CIRCLE - 3(1), HYDERABAD 3) CIT-III, HYDERABAD. 4) ADDL. CIT, RANGE 3, HYD. 5) THE DEPARTMENTAL REPRESENTATIVE, I.T.A .T., HYDERABAD.