M/s Ayyappa Infra Projects P. Ltd, Hyderabad V. DCIT, Circle-11(1), Hyderabad

MA 184/HYD/2012

• Counselvise Citation: [2012] 123 COUNSELVISE.COM (IT) 9375 (ITAT-HYDERABAD)
• Duration Of Justice: 1 month(s) 28 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 19-10-2012
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: misc
• Appeal Filed On: 22-08-2012
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: M H NAIK

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH A', HYDERABAD BEFORE SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER AND SHRI SAKTIJIT DEY, JUDICIAL MEMBER MA NO. 184/HYD/2012 ARISING OUT OF I.T.A. NO. 734/HYD/2010 ASSESSMENT YEAR : 2008-09 M/S. AYYAPPA INFRA PROJECTS PRIVATE LTD., SECUNDERABAD PAN: AAGCA8840B V S. THE DY. CIT CIRCLE-11(1) HYDERABAD APPELLANT RESPONDENT APPELLANT BY: NONE RESPONDENT BY: SRI M.H. NAIK DATE OF HEARING: 19 . 10 .201 2 DATE OF PRONOUNCEMENT: 19 . 10 .201 2 O R D E R PER CHANDRA POOJARI, AM: THIS MISCELLANEOUS APPLICATION BY THE ASSESSEE IS SEEKING RECALL OF EX-PARTE ORDER OF THE TRIBUNAL IN ITA NO. 734/HYD/2010 DATED 3.10.2011 WHEREIN APPEAL OF THE ASSESSEE WAS DISMISSED FOR WANT OF PROSECUTION. 2. NONE APPEARED ON BEHALF OF THE ASSESSEE ON THE SCHE DULED DATE OF HEARING I.E., 19.10.2012, NOR ANY PETITION SEEKI NG ADJOURNMENT OF HEARING WAS SUBMITTED BEFORE THIS TRIBUNAL. THIS T YPE OF ATTITUDE SHOWS THAT THE ASSESSEE IS NOT INTERESTED IN PROSEC UTING ITS APPEAL. APPLYING THE RATIO LAID DOWN BY THE DELHI BENCH OF THE TRIBUNAL IN THE CASE OF CIT VS. MULTIPLAN INDIA LTD. (38 ITD 32 0) THIS MA OF THE ASSESSEE IS NOT ADMITTED AND DISMISSED IN LIMINE. 2. HOWEVER, THE ASSESSEE IS AT LIBERTY TO FILE A MISCE LLANEOUS APPLICATION SEEKING RECALL OF THIS ORDER, IF THERE IS SUFFICIENT CAUSE IN NOT-APPEARING BEFORE THIS TRIBUNAL ON THE SCHEDULED DATE OF HEARING, I.E., ON 19.10.2012. MA NO. 184/HYD/2012 M/S. AYYAPPA INFRA PROJECTS PVT. LTD. ============================ 2 3. IN THE RESULT, THE MA FILED BY THE ASSESSEE IS DISM ISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 19 TH OCTOBER, 2012. SD/ - (SAKTIJIT DEY) JUDICIAL MEMBER SD/ - (CHANDRA POOJARI) ACCOUNTANT MEMBER HYDERABAD, DATED THE 19 TH OCTOBER, 2012 COPY FORWARDED TO: 1. M/S. AYYAPPA INFRA PROJECTS PVT. LTD., FLAT NO. 306 , OM SAI NILAYAM, ST. NO. 8, HABSIGUDA, HYDERABAD. 2. THE DCIT, CIRCLE - 11(1), HYDERABAD. 3. THE CIT(A) - VI, HYDERABAD. 4 . THE CIT - V, HYDERABAD 5 . THE DR A BENCH, ITAT, HYDERABAD TPRAO