Ch. Sri. Hari Rao, Hyderabad V. ITO, Range-8(1), Hyderabad

MA 172/HYD/2012

• Counselvise Citation: [2012] 123 COUNSELVISE.COM (IT) 9384 (ITAT-HYDERABAD)
• Duration Of Justice: 29 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 05-10-2012
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: misc
• Appeal Filed On: 06-09-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: M H NAIK
• Assessee Lawyers: G MURALI KRISHNA M URTHY

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH A', HYDERABAD BEFORE SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER AND SMT. ASHA VIJAYARAGHAVAN, JUDICIAL MEMBER MA NO. 172/HYD/2012 ARISING OUT OF I.T.A. NO. 1444/HYD/2010 ASSESSMENT YEAR : 2005-06 SRI CH. SRI HARI RAO HYDERABAD PAN: AATPC3966E V S. THE INCOME TAX OFFICER RANGE-8(1) HYDERABAD APPELLANT RESPONDENT APPELLANT BY: SRI G. MURALI KRISHNA M URTHY RESPONDENT BY: SRI M.H. NAIK DATE OF HEARING: 05 . 10 .201 2 DATE OF PRONOUNCEMENT: 05 . 10 .201 2 O R D E R PER CHANDRA POOJARI, AM: THIS MISCELLANEOUS APPLICATION BY THE ASSESSEE IS ARISING OUT OF THE ORDER OF THE TRIBUNAL DATED 9.7.2012 IN ITA NO. 1444/HYD/2010. 2. THE LEARNED AR SUBMITTED THAT THE TRIBUNAL DISMISSE D THE APPEAL OF THE ASSESSEE FOR NON-PROSECUTION ON THE R EASON THAT NEITHER THE ASSESSEE APPEARED BEFORE THE TRIBUNAL NOR ANY A DJOURNMENT PETITION WAS FILED. HE ALSO SUBMITTED THAT THE ASS ESSEE IS VERY MUCH INTERESTED IN PROSECUTING HIS APPEAL AND THE REASON FOR NON- APPEARANCE IS DUE TO ILL HEALTH OF THE ASSESSEE'S C OUNSEL. ACCORDINGLY, AN AFFIDAVIT IS FILED BY THE ASSESSEE EXPLAINING THE REASONS FOR NON-APPEARANCE. 3. THE LEARNED DR NOT STRONGLY OPPOSED THE ARGUMENTS O F THE LEARNED COUNSEL FOR THE ASSESSEE. 4. WE HAVE HEARD BOTH THE PARTIES AND PERUSED THE MATE RIAL ON RECORD AND ALSO THE REASON ADVANCED BY THE ASSESSEE FOR NON- MA NO. 172/HYD/2012 SRI CH. SRI HARI RAO ================== 2 APPEARANCE ON 9.7.2012. WE ARE SATISFIED ABOUT THE REASON ADVANCED Y THE ASSESSEE. ACCORDINGLY, WE RECALL TH E EX-PARTE ORDER OF THE TRIBUNAL IN ITA NO. 1444/HYD/2010 DATED 9.7.201 2 AND THE APPEAL IS RESTORED ON THE FILE OF THE TRIBUNAL. TH E APPEAL IS NOW POSTED FOR HEARING ON 21.1.2013. NO SEPARATE NOTIC E OF HEARING SHALL BE SERVED ON BOTH THE PARTIES AND THIS ORDER ITSELF WILL SERVE AS A NOTICE OF HEARING. 5. IN THE RESULT, THE MA FILED BY THE ASSESSEE IS ALLO WED. ORDER PRONOUNCED IN THE OPEN COURT ON 5 TH OCTOBER, 2012. SD/ - (ASHA VIJAYARAGHAVAN) JUDICIAL MEMBER SD/ - (CHANDRA POOJARI) ACCOUNTANT MEMBER HYDERABAD, DATED THE 5 TH OCTOBER, 2012 COPY FORWARDED TO: 1. SR I CH. SRI HARI RAO, C/O. M/S. CH. G. KRISHNA MURTHY & CO., CHARTERED ACCOUNTANTS, 133/1, PRENDERSHAST ROAD, SECUNDERABAD-500 003. 2. THE INCOME TAX OFFICER, RANGE - 8(1), HYDERABAD. 3. THE CIT(A) - IV, HYDERABAD. 4 . THE CIT - III, HYDERABAD 5 . THE DR A BENCH, ITAT, HYDERABAD TPRAO