Balli Durga Prasada Rao, Venkatagiri V. ITO, Ward-1, Gudur

MA 178/HYD/2011

• Counselvise Citation: [2011] 123 COUNSELVISE.COM (IT) 7231 (ITAT-HYDERABAD)
• Duration Of Justice: 3 month(s) 21 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 04-10-2011
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: misc
• Appeal Filed On: 13-06-2011
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: B V PRASAD REDDY

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH A', HYDERABAD BEFORE SHRI G.C.GUPTA, VICE PRESIDENT AND SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER MISC. APPLN. NO.178/HYD/2011 (IN ITA NO.826 TO 830/HYD/07) : ASSTT. YEARS 2000- 01 TO 2004-05 SHRI B.DURGA PRASADA RAO, EX - MLA, VENKATAGIRI ( PAN - AJNPB -0650 R ) V/S. ASST COMMISSIONER OF INCOME - TAX, CIRCLE 2(1), GUDURU. (APPLICANT) (RESPONDENT) APPLICANT BY : NONE RESPONDENT BY : SHRI B.V.PRASAD REDDY DATE OF HEARING 4.10.2011 DATE OF PRONOUNCEMENT 4.10.2011 O R D E R PER G.C.GUPTA, VICE PRESIDENT: BY THIS MISCELLANEOUS APPLICATION, ASSESSEE HAS R EQUESTED FOR RECALLING THE EX-PARTE ORDER OF THE TRIBUNAL DA TED 16.08.2010 IN ITS CASE FOR THE ASSESSMENT YEAR 2000-01 TO 2004-05 IN ITA NOS.826 TO 830/HYD/2007. 2. AT THE TIME OF HEARING ON THIS APPLICATION ON 4.10.2011, NONE APPEARED ON BEHALF OF THE APPLICANT-ASSESSEE, DESPITE SERVICE OF NOTICE OF HEARING. NOT EVEN AN ADJOURNMENT PETITION HAS BEEN RECEIVED FROM THE ASSESSEE. IT APPEARS THAT THE APPLICANT-AS SESSEE IS NOT INTERESTED IN PURSUING THIS APPLICATION BEFORE THE TRIBUNAL. AS HELD BY THE HONBLE ITAT, DELHI BENCH IN THE CASE OF CIT V /S. MUTLIPLAN INDIA LIMITED (38 ITD 320), THERE MAY BE VARIOUS REASONS FOR THE APPELLANT TO REMAIN ABSENT AT THE TIME OF HEARING. ONE OF TH E REASONS MIGHT BE A DESIGN OR ABSENCE OF NEED TO PROSECUTE THE APPEAL . FOLLOWING THE MA NO.178/HYD/2011 ( IN ITA NO.826 TO 830/.HYD/2007 ) SHRI B.DURGA PRASADA RAO, VENKATAGIRI. 2 SAID DECISION AND CONSIDERING THE FACTS AND CIRCUMS TANCES OF THE PRESENT CASE, WE DISMISS THE APPLICATION OF THE ASS ESSEE IN LIMINE , WITH LIBERTY TO THE ASSESSEE TO FILE A PETITION TO SEEK RECALL THIS ORDER, IF THERE IS SUFFICIENT CAUSE FOR NON-APPEARANCE ON BEH ALF OF THE ASSESSEE ON 4.10.2011. 3. IN THE RESULT, MISCELLANEOUS APPLICATION OF TH E ASSESSEE IS DISMISSED . ORDER PRONOUNCED IN THE COURT ON THE CONCLUSION OF HEARING ON THE MISCELLANEOUS APPLICATION ON 4.10.20 11 SD/- SD/- (CHANDRA POOJARI) (G.C.GUPTA) ACCOUNTANT MEMBER VICE PRESIDENT DT/- 4 TH OCTOBER, 2011 COPY FORWARDED TO: 1. SHRI B.DURGA PRASADA RAO, EX - MLA, C/O. SHRI SAMUEL NAGADESI, CHARTERED ACCOUNTANT, 302, GOLDEN GREEN APARTMENTS, ERRA MANZIL COLONY, PANJAGUTTA, HYDERABAD 82. 2. INCOME-TAX OFFICER, WARD-1, GUDUR. 3. COMMISSIONER OF INCOME - TAX(APPEALS), GUNTUR . 4. COMMISSIONER OF INCOME - TAX GUNTUR 5. DEPARTMENTAL REPRESENTATIVE, ITAT, HYDERABAD. B.V.S.