Masterminds Realtors, Secunderabad V. ITO., Ward- 10(1), Hyderabad, Hyderabad

MA 160/HYD/2014

• Counselvise Citation: [2015] 124 COUNSELVISE.COM (IT) 2794 (ITAT-HYDERABAD)
• Duration Of Justice: 3 month(s) 15 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 20-02-2015
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2007-2008
• Appeal Filed On: 05-11-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: RAJAT MITRA
• Assessee Lawyers: V V SHAH

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH B, HYDERABAD BEFORE SHRI P.M. JAGTAP, ACCOUNTANT MEMBER AND SMT. ASHA VIJAYARAGHAVAN, JUDICIAL MEMBER M.A. NO. 160/H/2014 (IN ITA NO. 87/HYD/2011 ASSESSMENT YEAR: 2007-08) MASTERMINDS REALTORS, SECUNDERABAD APP LICANT (PAN AAOFM2852Q) VS. INCOME-TAX OFFICER, RESPONDENT WARD 10(1), HYDERABAD. ASSESSEE BY : SHRI V.V. SHAH REVENUE BY : SHRI RAJAT MITRA DATE OF HEARING : 20/02/2015 DATE OF PRONOUNCEMENT : 2 0/02/2015 ORDER PER ASHA VIJAYARAGHAVAN, J.M.: THE PETITIONER HAS STATED BY THIS M.A. THAT THE HO NBLE TRIBUNAL DISPOSED OF THE DEPARTMENTAL APPEAL IN ITA NO. 87/H YD/2011 WITHOUT ISSUING NOTICE TO THE PETITIONER. THE FACT IS THAT THE PETI TIONER HAS NOT RECEIVED ANY NOTICE OF HEARING OF APPEAL POSTED ON 18/03/2013 AN D IT IS NOT KNOWN TO IT AS TO WHOM THE NOTICE WAS ISSUED AND SERVED. 2. IN VIEW OF THE ABOVE, THE PETITIONER HAS REQUEST ED BY THIS M.A. TO RECALL THE SAID ORDER OF THE TRIBUNAL PASSED ON 18 TH MARCH, 2013 AND HEAR THE MATTER AFRESH SO THAT THE PETITIONER WILL BE ABLE T O APPEAR AND SUBSTANTIATE ITS CASE. 2 MA NO. 160/HYD/14 MASTERMINDS REALTORS 3. AFTER HEARING THE PARTIES AND PERUSING THE MATER IAL ON RECORD, IN THE INTEREST OF JUSTICE, WE RECALL THE SAID ORDER OF TH E TRIBUNAL DATED 18/03/2013. THE REGISTRY IS DIRECTED TO POST THE CASE FOR HEARI NG ON 16/06/2015 AND INFORM THE PARTIES ACCORDINGLY. 4. IN THE RESULT, M.A. FILED BY THE ASSESSEE IS ALL OWED. PRONOUNCED IN OPEN COURT ON 20/02/2015 UPON CONCLUS ION OF HEARING. SD/- SD/- (P.M. JAGTAP) ( ASHA VIJAYARAGHAVAN) ACCOUNTANT MEMBER JUD ICIAL MEMBER HYDERABAD, DATED: 20 TH FEBRUARY, 2015. KV COPY TO:- 1) M/S MASTER MINDS REALTORS, SHOP NO. 14, MINERVA COMPLEX, S.D. ROAD, SECUNDERABAD 2) ITO, WARD 10(1), ROOM NO. 516, AC GUARDS, IT T OWERS, HYDERABAD 3) THE CIT (A)-VI, VIJAYAWADA 4) THE CIT-V, HYDERABAD 5) THE DEPARTMENTAL REPRESENTATIVE, I.T.A.T., H YDERABAD.