M/s. Alberg Software Ltd, Hyderabad V. Asst. CIT, Cir-1(1), Hyderabad

MA 198/HYD/2011

• Counselvise Citation: [2012] 123 COUNSELVISE.COM (IT) 8047 (ITAT-HYDERABAD)
• Duration Of Justice: 7 month(s) 20 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 18-05-2012
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: misc
• Appeal Filed On: 28-09-2011
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: V SRINIVAS

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH A', HYDERABAD BEFORE SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER AND SMT. ASHA VIJAYARAGHAVAN, JUDICIAL MEMBER M.A. NO. 197/HYD/2011 IN ITA NO. 344/HYD/2006 A.Y. 2000-01 M.A. NO. 198/HYD/2011 IN ITA NO. 345/HYD/2006 A.Y. 2001-02 M.A. NO. 199/HYD/2011 IN ITA NO. 346/HYD/2006 A.Y. 2002-03 M/S. ALBERG SOFTWARE LTD. HYDERABAD PAN: AACCA4253A VS. ASST. CIT CIRCLE (1) HYDERABAD APPELLANT RESPONDENT APPELLANT BY: NONE RESPONDENT BY: SHRI V. SRINIVAS DATE OF HEARING: 18 . 05 .201 2 DATE OF PRONOUNCEMENT: 18.05.2012 O R D E R PER CHANDRA POOJARI, AM: BY THESE MISCELLANEOUS APPLICATIONS THE ASSESSEE S EEKS RECALL OF THE EX-PARTE ORDER OF THIS TRIBUNAL DATED 22 ND MAY, 2011 WHERE THE TRIBUNAL DISMISSED THE APPEALS OF THE ASS ESSEE FOR NON- APPEARANCE BY APPLYING THE RATIO LAID DOWN BY THE D ELHI BENCH OF THIS TRIBUNAL IN CIT VS. MULTIPLAN INDIA LTD., REPO RTED IN 38 ITD 320. 2. THESE MAS WERE LAST POSTED FOR HEARING ON 11.5.2012 . ON THE DIRECTION OF THE HONBLE VICE PRESIDENT THESE C ASES ARE ADJOURNED TO 18.5.2012 WITH NOTICE TO BOTH PARTIES. HOWEVER, ON 18.5.2012 NONE APPEARED ON BEHALF OF THE ASSESSEE O R ANY ADJOURNMENT PETITION WAS FILED. THIS CONDUCT OF TH E ASSESSEE SHOWS THAT THE ASSESSEE IS NOT INTERESTED IN PROSEC UTING ITS APPEALS. FOLLOWING THE RATIO LAID DOWN BY THE DELH I BENCH OF THIS MA NOS. 197 TO 199/HYD/2011 M/S. ALBERG SOFTWARE LTD. ======================= 2 TRIBUNAL IN CIT VS. MULTIPLAN INDIA LTD. REPORTED I N 38 ITD 320, THE ABOVE MAS OF THE ASSESSEE ARE NOT ADMITTED AND DISMISSED IN LIMINE. 3. HOWEVER, THE ASSESSEE IS AT LIBERTY TO FILE A PETIT ION FOR RECALLING THIS ORDER, IF THERE IS SUFFICIENT CAUSE FOR NON-APPEARANCE ON THE DATE OF HEARING I.E., ON 18.5.2012. 4. IN THE RESULT, ALL THE MAS FILED BY THE ASSESSEE AR E DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 18 TH MAY, 2012. SD/ - (ASHA VIJAYARAGHAVAN) JUDICIAL MEMBER SD/ - (CHANDRA POOJARI) ACCOUNTANT MEMBER HYDERABAD, DATED THE 18 TH MAY, 2012 COPY FORWARDED TO: 1. M/S. ALBERG SOFTWARE LTD., PLOT NO. 8, TRIMULGHERRY MAIN ROAD, SECUNDERABAD. 2. M/S. ALBERG SOFTWARE LTD., C/O. SHRI D.V. RAMANA SA RMA, ADVOCATE, NO. 73, KALYANNAGAR, EAST ANAND BAGH, MALKAJGIRI, HYDERABAD-500 047 3. THE ASST. CIT, CIRCLE - 1(1), AAYAKAR BHAVAN, HYDERABAD. 4 . THE CIT(A) - II , HYDERABAD. 5 . THE CIT - I , HYDERABAD. 6 . THE DR A BENCH, ITAT, HYDERABAD. TPRAO