Sri D Padmanabhaiah, Vijayawada V. The ACIT, Central Circle, Vijayawada

MA 197/VIZ/2010

• Counselvise Citation: [2010] 123 COUNSELVISE.COM (IT) 5796 (ITAT-VISAKHAPATNAM)
• Duration Of Justice: 1 month(s) 1 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 30-11-2010
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Assessment Year: 2007-2008
• Appeal Filed On: 29-10-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: D S SUNDER SINGH

Judgement Text

PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL VISAKHAPATNAM BENCH, VISAKHAPATNAM BEFORE: SHRI SUNIL KUMAR YADAV, JUDICIAL MEMBER AND SHRI BR BASKARAN, ACCOUNTANT MEMBER M. A . NO. 19 7 / VIZAG/20 10 (ARISING OUT OF ITA NO. 287 / VIZAG/20 10 ) ASSES SMENT YEAR: 200 7 - 0 8 SRI D. PADMANABHAIAH VIJAYAWADA ACIT, CENTRAL CIRCLE VIJAYAWADA (APPELLANT) VS. (RESPONDENT) PAN NO. AFVPD 7527H APPELLANT BY: SHRI G.V.N. HARI, CA RESPONDENT BY: SHRI D.S. SUNDER SINGH, DR ORDER PER SHRI SUNIL KUMAR YADAV, JUDICIAL MEMBER : BY THIS PETITION THE ASSESSEE SEEKS RECALL OF ORDER DATED 4.10.2010 PASSED BY THIS BENCH ON THE GROUND THAT THE NON APPEARANCE ON THE DATE FIXED FOR HEARING WAS ON ACCOUNT OF SUFFICIENT CAUSE. 2. LD COUNSEL FOR THE ASSESSEE SUBMITTED THAT THE DATE OF HEARING WAS FIXED FOR THE FIRST TIME ON 14.7.2010 IN THE HONBLE ITAT . HOWEVER, THE CASE WAS ADJOURNED TO 4.10.2010 AS THE HONBLE ITAT DID NOT FUNCTION ON 14.7.2010. THE PETITIONER SUBMITTED THAT HE WAS NOT AWARE OF THIS FACT AS THE PET ITIONER WAS IN THE IMPRESSION THAT THE NEXT DATE OF HEARING WILL BE COMMUNICATED TO HIM IN WRITING. ACCORDINGLY, HE SUBMITTED THAT THE NON - APPEARANCE ON THE DATE OF HEARING WAS FOR SUFFICIENT CAUSE AND PRAYED FOR RECALL OF THE ORDER. WE ALSO HEARD THE LD . DR IN THIS REGARD. PAGE 2 OF 2 3. H AVING REGARD TO TH E REASON S GIVEN BY THE ASSESSEE AND IN EXERCISE OF POWERS VESTED IN US UNDER RULE 24 AND 25 OF THE APPELLATE TRIBUNAL RULE S, WE RECALL THE ORDER REFERRED SUPRA. 4. THE MISCELLANEOUS PETITION IS ACCORDINGLY ALL OWED AND THE REGISTRY IS DIRECTED TO POST THE APPEAL ON 1 0 .1.2011 . SINCE THE DATE OF HEARING IS ANNOUNCED IN THE OPEN COURT IN THE PRESENCE OF THE PARTIES , BOTH THE PARTIES MAY NOTE THAT FORMAL NOTICE OF HEARING WILL NOT BE SENT TO THE M. PRONOUNCED ACCOR DINGLY ON 30.11.2010. SD/ - SD/ - (B R BASKARAN) (SUNIL KUMAR YADAV) ACCOUNTANT MEMBER JUDICIAL MEMBER VG /SPS VISAKHAPATNAM, DATED: 30 TH NOVEMBER, 2010 COPY TO 1 SRI D. PADMANABHAIAH, D.NO.54 - 16 - 8, BHARATHI NAGAR, VIJAYAWADA 2 ACIT, CENTRA L CIRCLE, VIJAYAWADA 3 CIT , VIJAYAWADA 4 CIT(A) , VIJAYAWADA 5 THE DR, ITAT, VISAKHAPATNAM. 6 GUARD FILE. BY ORDER SENIOR PRIVATE SECRETARY INCOME TAX APPELLATE TRIBUNAL VISAKHAPATNAM