Sri K Subba Raju, Rajahmundry V. The DCIT, Circle-1, Rajahmundry

MA 199/VIZ/2010

• Counselvise Citation: [2011] 123 COUNSELVISE.COM (IT) 6093 (ITAT-VISAKHAPATNAM)
• Duration Of Justice: 1 month(s) 26 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 04-01-2011
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Next Hearing Date: 31-12-2010
• Assessment Year: 2007-2008
• Appeal Filed On: 08-11-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: T L PETER

Judgement Text

MA NO.199 OF 10 K. SUBBA RAJU, RAJAHMUNDRY 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 MA NO.199/VIZAG/2010 (ARISING OUT OF ITA NO.228/VIZAG/2010) ASSESSMENT YEAR: 2007-08 K. SUBBA RAJU, RAJAHMUNDRY VS. DY.COMMISSIONER OF INCOME TAX, CIRCLE-1, RAJAHMUNDRY (APPELLANT) PAN NO: AERPK 2584 G (RESPONDENT) APPELLANT BY: SHRI G.V.N. HARI, CA RESPONDENT BY: SHRI T.L. PETER, DR ORDER PER SHRI B. R. BASKARAN, ACCOUNTANT MEMBER: BY THIS PETITION THE ASSESSEE SEEKS RECALL OF ORDE R DATED 24-9-2010 PASSED BY THIS BENCH ON THE GROUND THAT THE NON APP EARANCE ON THE DATE FIXED FOR HEARING WAS ON ACCOUNT OF SUFFICIENT CAUS E. 2. LD COUNSEL FOR THE ASSESSEE SUBMITTED THAT THOUG H HE WAS INFORMED BY THE ASSESSEE TO SEEK ADJOURNMENT, HE DID NOT FOU ND IT NECESSARY SINCE THE NAME OF THE ASSESSEE WAS NOT AVAILABLE IN THE C AUSE LIST. HOWEVER, LATER ON IT WAS NOTICED THAT THERE WAS A TYPOGRAPHICAL ER ROR WHILE TYPING THE NAME OF THE ASSESSEE IN THE CAUSE LIST, DUE TO WHIC H THE POSTING OF CASE LEFT THE ATTENTION OF THE LEARNED AUTHORISED REPRESENTAT IVE. ACCORDINGLY, HE SUBMITTED THAT THE NON-APPEARANCE ON THE DATE OF HE ARING WAS FOR SUFFICIENT CAUSE AND PRAYED FOR RECALL OF THE ORDER . WE ALSO HEARD THE LD. DR IN THIS REGARD. MA NO.199 OF 10 K. SUBBA RAJU, RAJAHMUNDRY PAGE 2 OF 2 3. HAVING REGARD TO THE REASONS GIVEN BY THE ASSESS EE AND IN EXERCISE OF POWERS VESTED IN US UNDER RULE 24 AND 25 OF THE APPELLATE TRIBUNAL RULES, WE RECALL THE ORDER REFERRED SUPRA. 4. THE MISCELLANEOUS PETITION IS ACCORDINGLY ALLOWE D AND THE REGISTRY IS DIRECTED TO POST THE APPEAL ON 9-2-2011. 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 THEM. PRONOUNCED IN THE OPEN COURT ON 4 TH JANUARY, 2011. SD/- SD/- (SUNIL KUMAR YADAV) (B R BASKARAN) JUDICIAL MEMBER ACCOUNTANT MEMBER PVV/SPS VISAKHAPATNAM, DATE: 04-01-2011 COPY TO 1 SHRI KOTHURI SUBBA RAJU, 79-7-4, OFFICIAL COLONY, SYAMALA NAGAR, RAJAHMUNDRY 2 THE DY.COMMISSIONER OF INCOME TAX CIRCLE-1, RAJAHM UNDRY 3 4. THE CIT RAJAHMUNDRY THE CIT(A), RAJAHMUNDRY 5 THE DR, ITAT, VISAKHAPATNAM. 6 GUARD FILE. BY ORDER SENIOR PRIVATE SECRETARY INCOME TAX APPELLATE TRIBUNAL VISAKHAPATNAM