M/s Precision Fabricators, Khammam Dist. V. ITO, Ward-2, Khammam Dist

MA 185/HYD/2012

• Counselvise Citation: [2012] 123 COUNSELVISE.COM (IT) 9374 (ITAT-HYDERABAD)
• Duration Of Justice: 1 month(s) 25 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 19-10-2012
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: misc
• Appeal Filed On: 24-08-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: M H NAIK
• Assessee Lawyers: GVVS MURTHY

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH B', HYDERABAD BEFORE SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER AND SMT. ASHA VIJAYARAGHAVAN, JUDICIAL MEMBER MA NO. 185/HYD/2012 ARISING OUT OF ITA NO. 384/HYD/2012 ASSESSMENT YEAR : 2008-09 M/S. PRECISION FABRICATORS BHADRACHALAM PAN: AAGFP6844M VS. THE INCOME TAX OFFICER WARD-2 KOTTHAGUDEM APPELLANT RESPONDENT APPELLANT BY: SRI G.V.V.S. MURTHY RESPONDENT BY: SRI M.H. NAIK DATE OF HEARING: 19.10.2012 DATE OF PRONOUNCEMENT: 19.10.2012 O R D E R PER CHANDRA POOJARI, AM: THIS MISCELLANEOUS APPLICATION BY THE ASSESSEE SEE KS RECALL OF THE EARLIER ORDER OF THE TRIBUNAL IN ITA NO. 384/HY D/2012 DATED 21.6.2012 WHEREIN THE TRIBUNAL DISMISSED APPEAL OF THE ASSESSEE FOLLOWING THE ORDER OF THE TRIBUNAL DELHI BENCH IN THE CASE OF CIT VS. MULTIPLAN INDIA LTD. (38 ITD 320) FOR NON-PROSECUTI ON. 2. THE ASSESSEE FILED A PETITION ACCOMPANIED BY AN AFF IDAVIT EXPLAINING REASONS FOR NON-APPEARING BEFORE THIS TR IBUNAL ON THE DATE OF HEARING ON 21.6.2012. 3. WE HAVE GONE THROUGH THE REASONS EXPLAINED BY THE A SSESSEE AND CONVINCED ABOUT THE BONA-FIDES OF THE REASONS. ACC ORDINGLY, WE RECALL THE ORDER OF THE TRIBUNAL DATED 21.6.2012 AND THE A PPEAL OF THE ASSESSEE IN ITA NO. 384/HYD/2012 IS RESTORED ON THE FILE OF THE TRIBUNAL. THE APPEAL IS POSTED FOR FRESH HEARING ON 8.1.2013. NO SEPARATE NOTICE OF HEARING SHALL BE SENT TO BOTH THE PARTIES AND THIS ORDER ITSELF WILL SERVE AS A NOTICE OF HEARING. MA NO. 185/HYD/2012 M/S. PRECISION FABRICATORS ==================== 2 4. IN THE RESULT, THE MA FILED BY THE ASSESSEE IS ALLO WED. ORDER PRONOUNCED IN THE OPEN COURT ON 19 TH OCTOBER, 2012. SD/ - (ASHA VIJAYARAGHAVAN) JUDICIAL MEMBER SD/ - (CHANDRA POOJARI) ACCOUNTANT MEMBER HYDERABAD, DATED THE 19 TH OCTOBER, 2012 COPY FORWARDED TO: 1. M/S. PRECISION FABRICATORS, D. NO. 9 - 1 - 75/2, MEDICAL COLONY, BHADRACHALAM, KHAMMAM DISTRICT., A.P. 2. THE INCOME TAX OFFICER, WARD - 2, KOTTHAGUDEM, KHAMMAM DIST., AP. 3. THE CIT, VIJAYAWADA 4. THE DR B BENCH, ITAT, HYDERABAD TPRAO