Mr. Audinarayana Reddy, Hyderabad V. DCIT, Central Circle-3, Hyderabad

MA 195/HYD/2012

• Counselvise Citation: [2012] 123 COUNSELVISE.COM (IT) 9366 (ITAT-HYDERABAD)
• Duration Of Justice: 1 month(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 09-11-2012
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: misc
• Appeal Filed On: 09-10-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: M H NAIK
• Assessee Lawyers: A V RAGHURAM

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. 195/HYD/2012 IN CO NO. 118/HYD/2012 ARISING OUT OF ITA NO. 987/HYD/2012 ASSESSMENT YEAR 2009-10 SRI AUDINARAYANA REDDY HYDERABAD PAN: ADAPA6161B VS. THE ASST. CIT CENTRAL CIRCLE-3 HYDERABAD APPELLANT (RESPONDENT IN THE APPEAL) RESPONDENT APPELLANT BY: SRI A.V. RAGHURAM RESPONDENT BY: SRI M.H. NAIK DATE OF HEARING: 09 . 11 .2012 DATE OF PRONOUNCEMENT: 09 . 11 .2012 O R D E R PER CHANDRA POOJARI, AM: THIS MISCELLANEOUS APPLICATION FILED BY THE ASSESS EE SEEKING RECALL OF THE ORDER OF THE TRIBUNAL DATED 8.10.2012 IN CO NO. 118/HYD/2012. 2. THE LEARNED AR SUBMITTED THAT THE CASE WAS ENTRUSTE D TO ONE SRI JITENDER REDDY, CHARTERED ACCOUNTANT AND HE WAS HELD UP IN TRAFFIC JAM IN THE MORNING OF 8.10.2012 AND HE C OULD NOT REACH THE TRIBUNAL OFFICE IN TIME. BEING SO, NON-REPRESE NTATION ON THE DATE OF HEARING IS UNINTENTIONAL AND BONA-FIDE. TH E AR PRAYED THE BENCH TO RECALL THE ORDER OF THE TRIBUNAL CITED SUP RA. 3. THE DR NOT SERIOUSLY OBJECTED THE PRAYER OF THE AR. 4. WE HAVE HEARD BOTH THE SIDES AND PERUSED THE MATERI AL ON RECORD. WE FIND THE REASON ADVANCED BY THE ASSESSE E'S COUNSEL IS BONA-FIDE AND HE WAS PREVENTED BY SUFFICIENT CAUSE IN APPEARING MA NO. 195/HYD/2012 SRI AUDINARAYANA REDDY =================== 2 BEFORE THE TRIBUNAL ON THE SCHEDULED DATE OF HEARIN G I.E., 8.10.2012. WE ACCEDE TO THE REQUEST OF THE ASSESSE E'S COUNSEL AND ACCORDINGLY, ORDER OF THE TRIBUNAL IN CO NO. 118/HY D/2012 IS HEREBY RECALLED AND RESTORED ON THE FILE OF THE TRI BUNAL. THE REGISTRY IS DIRECTED TO POST THE CO FOR HEARING ALO NG WITH THE REVENUE APPEAL IN ITA NO. 987/HYD/2012 ON 24.1.2013 . NO NOTICE OF HEARING SHALL BE SENT TO 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 9 TH NOVEMBER, 2012. SD/ - (ASHA VIJAYARAGHAVAN) JUDICIAL MEMBER SD/ - (CHANDRA POOJARI) ACCOUNTANT MEMBER HYDERABAD, DATED THE 9 TH NOVEMBER, 2012 COPY FORWARDED TO: 1. SRI AUDINARAYANA REDDY, PLOT NO. 530, ROAD NO. 26, JUBILEE HILLS, HYDERABAD-500 034. 2. THE ASST. CIT, CENTRAL CIRCLE - 3, 8 TH FLOOR, AAYAKAR BHAVAN, BASHEERBAGH, HYDERABAD. 3. THE CIT(A) - VII, HYDERABAD. 4. THE CIT (CENTRAL), HYDERABAD. 5. THE DR A BENCH, ITAT, HYDERABAD. TPRAO