Abdul Ghani, Hyderabad V. ITO, Ward -6(4), Hyderabad

MA 225/HYD/2012

• Counselvise Citation: [2012] 123 COUNSELVISE.COM (IT) 9687 (ITAT-HYDERABAD)
• Duration Of Justice: 2 month(s) 3 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 28-12-2012
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: misc
• Appeal Filed On: 25-10-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: AMISHA S GUPT
• Keywords: Reasonable cause

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH B', HYDERABAD BEFORE SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER AND SMT. ASHA VIJAYARAGHAVAN, JUDICIAL MEMBER MA NO. 225/HYD/2012 IN ITA NO. 1365/HYD/2010 ASSESSMENT YEAR 2005-06 SRI ABDUL GHANI HYDERABAD PAN: ALDPG1742M VS. VS. VS. VS. THE INCOME TAX OFFICER WARD-6(4) HYDERABAD APPELLANT APPELLANT APPELLANT APPELLANT RESPONDENT RESPONDENT RESPONDENT RESPONDENT APPELLANT BY: SRI P.C.YADAV RESPONDENT BY: SMT. AMISHA S. GUPT DATE OF HEARING: 2 8 . 12 .2012 DATE OF PRONOUNCEMENT: 2 8 . 12 .2012 O R D E R O R D E R O R D E R O R D E R PER CHANDRA POOJARI, AM: PER CHANDRA POOJARI, AM: PER CHANDRA POOJARI, AM: PER CHANDRA POOJARI, AM: THIS MISCELLANEOUS APPLICATION (MA) BY THE ASSESSE E IS SEEKING RECALL OF THE EX-PARTE ORDER OF THE TRIBUNA L DATED 25.9.2012 IN ITA NO. 1365/HYD/2010 FOR A.Y. 2005-06 WHEREIN THE TRIBUNAL DISMISSED APPEAL OF THE ASSESSEE FOR WANT OF PROSECUTION. . 2. THE ASSESSEE FILED A PETITION EXPLAINING REASONS FO R NON- APPEARANCE ON 25.9.2012 - THE SCHEDULED DATE OF HEA RING. WE HAVE GONE THROUGH THE REASONS ADVANCED BY THE ASSES SEE IN HIS PETITION AND SATISFIED WITH THE SAME. WE FIND THE ASSESSEE IS PREVENTED BY REASONABLE CAUSE IN APPEARING BEFORE T HE TRIBUNAL ON THE SCHEDULED DATE OF HEARING. WE ACCEDE TO THE REQUEST OF THE ASSESSEE'S COUNSEL AND THE EX-PARTE ORDER OF TH E TRIBUNAL DATED 25.9.2012 IS HEREBY RECALLED AND APPEAL IN IT A NO. 1365/ HYD/2010 IS RESTORED ON THE FILE OF THE TRIBUNAL. THE NEXT DATE OF HEARING IS FIXED FOR 20.3.2013. NO NOTICE OF HEARI NG WILL BE SENT TO MA NO. 225/HYD/2012 SRI ABDUL GHANI ==================== 2 BOTH THE PARTIES AND THIS ORDER ITSELF WILL SERVE A S NOTICE OF HEARING. 3. IN THE RESULT, MA BY THE ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 28 TH DECEMBER, 2012. SD/ SD/ SD/ SD/ - -- - (ASHA VIJAYARAGHAVAN) (ASHA VIJAYARAGHAVAN) (ASHA VIJAYARAGHAVAN) (ASHA VIJAYARAGHAVAN) JUDICIAL MEMBER JUDICIAL MEMBER JUDICIAL MEMBER JUDICIAL MEMBER SD/ SD/ SD/ SD/ - -- - (CHANDRA POOJARI) (CHANDRA POOJARI) (CHANDRA POOJARI) (CHANDRA POOJARI) ACCOUNTANT MEMBER ACCOUNTANT MEMBER ACCOUNTANT MEMBER ACCOUNTANT MEMBER HYDERABAD, DATED 28 TH DECEMBER, 2012 TPRAO COPY FORWARDED TO: 1. SRI ABDUL GHANI, C/O. SRI M.M. FIRDES, ADVOCATE, 11 - 3 - 942, 1 ST FLOOR, NEW MALLEPALLY, HYDERABAD. 2. THE INCOME TAX OFFICER, WARD - 6(4), I.T. TOWERS, AC GUARDS, HYDERABAD. 3. THE CIT(A) - IV, HYDERABAD 4. THE CIT - III, HYDERABAD. 5. THE DR B BENCH, ITAT, HYDERABAD