Madala Chandana, Hyderabad V. ITO, WARD-6(3), Hyderabad

MA 191/HYD/2012

• Counselvise Citation: [2012] 123 COUNSELVISE.COM (IT) 9378 (ITAT-HYDERABAD)
• Duration Of Justice: 1 month(s) 11 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 02-11-2012
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: misc
• Appeal Filed On: 21-09-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: M H NAIK
• Assessee Lawyers: P MURALI MOHAN RAO

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. 191/HYD/2012 ARISING OUT OF ITA NO. 1507/HYD/2011 ASSESSMENT YEAR 2008-09 SMT. MADALA CHANDANA HYDERABAD PAN; AKLPM2799M VS. THE INCOME TAX OFFICER WARD-6(3) HYDERABAD APPELLANT RESPONDENT APPELLANT BY: SRI P. MURALI MOHAN RAO RESPONDENT BY: SRI M.H. NAIK DATE OF HEARING: 02.11.2012 DATE OF PRONOUNCEMENT: 02.11.2012 O R D E R PER CHANDRA POOJARI, AM: BY THIS MISCELLANEOUS APPLICATION, THE ASSESSEE SE EKS TO RECALL THE EX-PARTE ORDER OF THE TRIBUNAL IN ITA NO. 1507/HYD/ 2011 FOR A.Y. 2008- 09. THE TRIBUNAL VIDE ORDER DATED 2.7.2012 DISMISS ED THE APPEAL OF THE ASSESSEE FOR WANT OF PROSECUTION BY APPLYING THE RA TIO LAID DOWN BY THE TRIBUNAL IN THE CASE OF CIT VS. MULTIPLAN INDIA LTD . (38 ITD 320) (DELHI). 2. THE LEARNED AR EXPLAINED THE REASONS FOR NON-APPEAR ANCE ON EARLIER OCCASION. WE ARE SATISFIED WITH THE REASONS ADVANCED BY THE LEARNED AR. ACCORDINGLY, THE EX-PARTE ORDER OF THE TRIBUNAL IN ITA NO. 1507/HYD/2011 DATED 2.7.2012 IS HEREBY RECALLED AND THE APPEAL IN ITA NO. 1507/HYD/2011 IS RESTORED ON THE FILE OF THE TR IBUNAL. THE APPEAL IS NOW POSTED FOR HEARING ON 19.2.2013. NO NOTICE OF HEARING SHALL BE SENT TO BOTH THE PARTIES AND THIS ORDER ITSELF WILL SERVE A S A NOTICE OF HEARING. 3. IN THE RESULT, MA BY THE ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 2 ND NOVEMBER, 2012. SD/ - (SAKTIJIT DEY) JUDICIAL MEMBER SD/ - (CHANDRA POOJARI) ACCOUNTANT MEMBER HYDERABAD, DATED THE 2 ND NOVEMBER, 2012 MA NO. 191/HYD/2012 SMT. MADALA CHANDANA ================= 2 COPY FORWARDED TO: 1. SMT. MADALA CHANDANA, C/O. M/S. P. MURALI & CO., CHA RTERED ACCOUNTANTS, 6-3-655/2/3, 1 ST FLR, SOMAJIGUDA, HYDERABAD-82. 2. THE INCOME TAX OFFICER, WARD - 6(3), HYDERABAD. 3. THE CIT(A) - I V, HYDER A BAD. 4. THE CIT - I II , HYDERABAD. 5. THE DR A BENCH, ITAT, HYDERABAD. TPRAO