VITP Private Ltd, Hyderabad V. Addl.CIT, Range-3, Hyderabad

MA 153/HYD/2012

• Counselvise Citation: [2012] 123 COUNSELVISE.COM (IT) 8976 (ITAT-HYDERABAD)
• Duration Of Justice: 2 month(s) 5 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 14-09-2012
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: misc
• Appeal Filed On: 09-07-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ANJANA SAHU
• Assessee Lawyers: SRIDHAR PUROHIT; TAPAN GUPTA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH A', HYDERABAD BEFORE SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER AND SHRI SAKTIJIT DEY, JUDICIAL M EMBER MISC. APPLN. NO.153/HYD/2012 (IN ITA NO.1783/HYD/11) : ASSTT. YEAR 2008-09 M/S. VITP PRIVATE LIMITED, HYDERABAD ( PAN - AACCV 2672 G ) V/S. ADDL. COMMISSIONER OF INCOME-TAX RANGEE 3, HYDERABAD . (APPLICANT) (RESPONDENT) APPLICANT BY : SHRI TAPAN GUPTA & SHRI SRIDHAR PUROHIT RESPONDENT BY : SMT. ANJANA SAHU DATE OF HEARING 14.9.2012 DATE OF PRONOUNCEMENT 14.9.2012 O R D E R PER CHANDRA POOJARI, ACCOUNTANT MEMBER: BY THIS MISCELLANEOUS APPLICATION, ASSESSEE HAS R EQUESTED FOR RECALLING THE EX-PARTE ORDER OF THE TRIBUNAL DA TED 17.10.2011 IN ITS APPEALS, ITA NO.1783/HYD/2010 FOR THE ASSESSMENT YE AR 2008-09. 2. IT IS STATED IN THESE APPLICATION OF THE ASSES SEE THAT THE APPEAL OF THE ASSESSEE WAS ORIGINALLY POSTED FOR HE ARING ON 13.2.2012, BUT THE SAME STOOD ADJOURNED TO 5.6.2012, AS THE BE NCH DID NOT FUNCTION ON THAT DATE. ON 5.6.2012, NONE COULD APP EAR ON BEHALF OF THE ASSESSEE, AS NO NOTICE OF HEARING WAS RECEIVED FOR THAT DATE. REITERATING THESE SUBMISSIONS, LEARNED COUNSEL FOR THE ASSESSEE HAS PRAYED FOR ACCEDING TO THE REQUEST FOR RECALL OF TH E EX-PARTE ORDER OF MA NO.153/HYD/2012 ( IN ITA NO.1783/.HYD/2011) M/S. VITP PRIVATE LIMITED, HYDERABAD 2 THE TRIBUNAL DATED 5.6.2012 IN THIS APPEAL, AND FOR POSTING THE SAME FOR FRESH HEARING AND DISPOSAL ON MERITS. 3. THE LEARNED DEPARTMENTAL REPRESENTATIVE HAS OP POSED THE SUBMISSIONS OF THE LEARNED COUNSEL FOR THE ASSESSEE . 4. WE HAVE HEARD THE PARTIES. IN THE FACTS OF TH E CASE, WE ARE OF THE VIEW THAT THERE WAS SUFFICIENT CAUSE FOR THE ASSESSEE FOR NOT APPEARING ON THE DATE OF HEARING BEFORE THE TRIBUNA L AND ACCORDINGLY, THE EX-PARTE ORDER OF THIS TRIBUNAL DATED 5.6.2012 IN ITA NO. 1783/HYD/2011 OF THE ASSESSEE IS RECALLED. THE FRE SH DATE OF HEARING ON THIS APPEAL IS ANNOUNCED IN THE OPEN COURT AS 26 TH DECEMBER, 2012. THERE IS NO NECESSITY FOR ISSUING ANY NOTICE OF HEA RING ON THE PARTIES SEPARATELY. 5. IN THE RESULT, THE MISCELLANEOUS APPLICATION O F THE ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN THE COURT ON THE CONCLUSION OF HEARING ON THE MISCELLANEOUS APPLICATION ON 14.9.20 12 SD/- SD/- (SAKTIJIT DEY) (CHANDRA POOJARI) JUDICIAL MEMBER ACCOUNTANT MEMBER DT/- 14TH SEPTEMBER, 2012 COPY FORWARDED TO: 1. M/S. VITP PRIVATE LIMITED, HYDERABAD PLOT NO.17, SOFTWARE UNITS LAYOUT, MADHAPUR, HYDER ABAD 500 081 2. ADDL. COMMISSIONER OF INCOME - TAX RANGE 3, HYDERABAD 3. COMMISSIONER OF INCOME - TAX(APPEALS) - IV, HYDERABAD. 4. COMMISSIONER OF INCOME-TAX III HYDERABAD 5. DEPARTMENTAL REPRESENTATIVE, ITAT, HYDERABAD. B.V.S. MA NO.153/HYD/2012 ( IN ITA NO.1783/.HYD/2011) M/S. VITP PRIVATE LIMITED, HYDERABAD 3 1 . DATE OF DICTATION 14.9. .201 2 2. DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER 3. DATE ON WHICH THE APPROVED DRAFT COMES TO THE SENIOR P.S. 4. DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE DICTATING MEMBER AND OTHER MEMBER 17 . 9 .201 2 5. DATE ON WHICH THE FAIR ORDER GOES TO THE SR. P.S. 6. DATE ON WHICH THE FILE GOES TO THE BENCH CLERK. 7. DATE ON WHICH THE FILE GOES TO THE HEAD CLERK 8. DATE ON WHICH THE FILE GOES TO THE ASSISTANT REGISTRAR 9. DATE OF THE DESPATCH OF THE TRIBUNAL ORDER