Appeal details
Counselvise Citation
[2013] 123 COUNSELVISE.COM (IT) 9847 (ITAT-HYDERABAD)
Assessee PAN
Bench
Appeal Number
Duration Of Justice
2 month(s) 19 day(s)
Appellant
Respondent
Appeal Type
Miscellaneous Application
Pronouncement Date
04-01-2013
Appeal Filed By
Assessee
Order Result
Allowed
Bench Allotted
B
Assessment Year
1995-1996
Appeal Filed On
15-10-2012
Judgement Text
IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH B', HYDERABAD BEFORE SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER AND SHRI SAKTIJIT DEY, JUDICIAL MEMBER MA NO. 198/HYD/2012 IN MA NO. 82/HYD/2012 IN ITA NO. 1543/HYD/2010 AY 1995-96 MA NO. 199/HYD/2012 IN MA NO. 83/HYD/2012 IN ITA NO. 1544/HYD/2010 AY 1996-97 MA NO. 200/HYD/2012 IN MA NO. 84/HYD/2012 IN ITA NO. 1618/HYD/2010 AY 1999-2000 MA NO. 198/HYD/2012 IN MA NO. 85/HYD/2012 IN ITA NO. 76/HYD/2011 AY 1997-98 M/S. SHRI VISHNU CEMENTS LTD. (AT PRESENT MERGED WITH ZUARI CEMENT LTD.). BANGALORE PAN: AADCS4056M VS. THE DCIT, CIRCLE-3(2) HYDERABAD (PRESENTLY WITH THE ACIT CIRCLE-2(1), TIRUPATI) APPELLANT RESPONDENT APPELLANT BY: SRI A.C. GANGAIAH RESPONDENT BY: SMT. AMISHA S. GUPTH DATE OF HEARING: 04.01.2013 DATE OF PRONOUNCEMENT: 04.01.2013 O R D E R PER CHANDRA POOJARI, AM: THESE MISCELLANEOUS APPLICATIONS ARE FILED BY THE ASSESSEE SEEKING RECALL OF COMBINED ORDER OF THIS TRIBUNAL I N I.T.A. NO. 1543/HYD/2010 AND ORS. DATED 22 ND JULY, 2011 FOR THE ABOVE ASSESSMENT YEARS. EARLIER THE ASSESSEE FILED MA NO S. 82 TO 85/ HYD/2012 FOR RECALLING THE ABOVE COMBINED ORDER IN ITA NO. 1543/HYD/2010 AND ORS., DATED 22 ND JULY, 2011, WHICH WERE DISMISSED IN LIMINE FOR WANT OF PROSECUTION. M.A. NOS. 198-201/HYD/2012 M/S. SHRI VISHNU CEMENTS LTD. ======================== 2 2. NOW THE MANAGING DIRECTOR OF THE ASSESSEE COMPANY F ILED A PETITION EXPLAINING THE REASONS FOR NON-APPEARANC E ON THE SCHEDULED DATE OF HEARING ON 24.8.2012 IN RESPECT O F THE MA NOS. 82-85/HYD/2012 WHEREIN THE ASSESSEE REQUESTED THE TRIBUNAL TO RECALL THE APPEAL ORDER. 3. THE LEARNED DR HAS NO SERIOUS OBJECTION FOR THIS PROPOSITION. 4. WE ARE SATISFIED WITH THE REASONS ADVANCED BY THE ASSESSEE. ACCORDINGLY, THE TRIBUNAL COMBINED ORDER IN ITA NOS. 1543, 1544, 1618/HYD/2010 AND ITA NO. 76/HYD/2011 D ATED 22 ND JULY, 2011 IS HEREBY RECALLED AND THE APPEALS OF T HE ASSESSEE ARE RESTORED ON THE FILE OF THE TRIBUNAL. NOW THE APPEALS ARE POSTED FOR HEARING ON 14.2.2013. NO NOTICE OF HEAR ING SHALL BE SENT TO THE PARTIES AND THIS ORDER ITSELF WOULD SER VE AS A NOTICE OF HEARING. 5. IN THE RESULT, THE MAS FILED BY THE ASSESSEE ARE AL LOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 4 TH JANUARY, 2013. SD/- (SAKTIJIT DEY) JUDICIAL MEMBER SD/- (CHANDRA POOJARI) ACCOUNTANT MEMBER HYDERABAD, DATED 4 TH JANUARY, 2012 TPRAO COPY FORWARDED TO: 1. M/S. VISHNU CEMENTS LTD., C/O. M/S. ZUARI CEMENT S LTD., NO. 1, 10 TH MAIN, JEEVANBHIMA NAGAR, BANGALORE-560 075. 2. THE DCIT, CENTRAL CIRCLE-3(2), HYDERABAD. 3. THE ACIT, CIRCLE-2(1), TIRUPATI 4. THE CIT(A)-IV, HYDERABAD. 5. THE CIT-I, AP, HYDERABAD. 6. THE DR B BENCH, ITAT, HYDERABAD.
