M/s. Avanthi Feeds Ltd., Hyderabad V. DCIT, Circle-1(1), Hyderabad

MA 216/HYD/2011

• Counselvise Citation: [2011] 123 COUNSELVISE.COM (IT) 7392 (ITAT-HYDERABAD)
• Duration Of Justice: 3 month(s) 24 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 16-12-2011
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: misc
• Appeal Filed On: 23-08-2011
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: B V PRASAD REDDY

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH B', HYDERABAD BEFORE SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER AND SMT. ASHA VIJAYARAGHAVAN, JUDICIAL MEMBER M.A. NO. 216/HYD/2011 ARISING OUT OF ITA NO. 154/HYD/2009 (ASSESSMENT YEAR : 2004-05) M/S. AVANTI FEEDS LTD. HYDERABAD PAN: AABCA7365E VS. DCIT CIRCLE-1(1) HYDERABAD APPELLANT RESPONDENT APPELLANT BY: NONE RESPONDENT BY: SHRI B.V. PRASAD REDDY DATE OF HEARING: 16.12.2011 DATE OF PRONOUNCEMENT: 16.12.2011 O R D E R PER CHANDRA POOJARI, AM: THIS MISCELLANEOUS APPLICATION (MA) IS FILED BY THE ASSESSEE SEEKING RECALL OF EX-PARTE ORDER OF THE TRI BUNAL IN ITA NO. 154/HYD/2009 DATED 11 TH MARCH, 2011. 2. NONE APPEARED FOR THE ASSESSEE IN SPITE OF ISSUING N OTICE NOR ANY PETITION SEEKING ADJOURNMENT OF THE HEARING WAS SUBMITTED. THIS CONDUCT OF THE ASSESSEE SHOWS THAT THE ASSESSEE IS NOT INTERESTED IN PROSECUTING ITS CASE. FOLLOWING THE RATIO LAID DOWN BY THE DELHI BENCH OF THIS TRIBUNA L IN CIT V. MULTIPLAN INDIA LIMITED REPORTED IN 38 ITD 320, T HE APPEAL OF THE ASSESSEE IS NOT ADMITTED AND DISMISSED IN LIMINE . M.A. NO. 216/HYD/2011 M/S. AVANTI FEEDS LTD. =================== 2 3. HOWEVER, THE ASSESSEE IS AT LIBERTY TO FILE A PETITION FOR RECALLING THIS ORDER, IF THERE IS SUFFICIENT CAUSE FOR NON- APPEARANCE ON THE DATE OF HEARING I.E., ON 16.12.2011 . 4. IN THE RESULT, THE MA FILED BY THE ASSESSEE IS DISMISSE D. ORDER PRONOUNCED IN THE OPEN COURT ON 16 TH DECEMBER, 2011. SD/- SD/- SD/- (ASHA VIJAYARAGHAVAN) JUDICIAL MEMBER SD/- (CHANDRA POOJARI) ACCOUNTANT MEMBER HYDERABAD, DATED THE _16 TH ___DECEMBER, 2011 COPY FORWARDED TO: 1. M/S. AVANTI FEEDS LTD., G-2, CONCORDE APTS., 6-3-65 8, SOMAJIGUDA, HYDERABAD. 2. THE DY. CIT, CIRCLE 1(1),4 TH FLOOR, AAYAKAR BHAVAN, HYDERABAD. 3. THE CIT(A)-II, HYDERABAD. 4. THE CIT-1, HYDERABAD. 5. THE DR B BENCH, ITAT, HYDERABAD TPRAO