L & T Infocity Ltd., Hyd, Hyderabad V. DCIT, Circle-16(1), Hyderabad, Hyderabad

MA 23/HYD/2016

• Counselvise Citation: [2016] 112 COUNSELVISE.COM (IT) 5113 (ITAT-HYDERABAD)
• Duration Of Justice: 3 month(s) 1 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 12-08-2016
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB-B
• Assessment Year: 2012-2013
• Appeal Filed On: 11-05-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: K J RAO
• Assessee Lawyers: RABI BHARADWAJ

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES B : HYDERABAD BEFORE SHRI D. MANMOHAN, VICE PRESIDENT AND SHRI S. RIFAUR RAHMAN, ACCOUNTANT MEMBER M.A.NO.23/HYD/2016 ARISING OUT OF ITA.NO.2/HYD/2016 - ASSESSMENT YEAR 2012-2013 L & T INFOCITY LIMITED, HYDERABAD. PAN AAACL5895R VS. THE DCIT, CIRCLE-16(1) HYDERABAD. (APPLICANT) (RESPONDENT) FOR ASSESSEE : MR. RABI BHARADWAJ FOR REVENUE : MR. K.J. RAO DATE OF HEARING : 12.08.2016 DATE OF PRONOUNCEMENT : 12.08.2016 ORDER PER D. MANMOHAN, V.P. BY THIS MISCELLANEOUS APPLICATION THE ASSESSEE SEEK S RECALL OF THE EX-PARTE ORDER PASSED BY THE TRIBUNAL ON THE GROUND THAT THE NON-APPEARANCE ON THE DATE FIXED FOR HEARING W AS NOT WILFUL BUT ON ACCOUNT OF REASONS MENTIONED IN THE MISC ELLANEOUS APPLICATION. 2. LEARNED COUNSEL FOR THE ASSESSEE SUBMITTED THAT THE MISTAKES IN FILING THE APPEAL WERE NOW RECTIFIED AND THE ASSESSEE- COMPANY IS NOW PREPARED TO ARGUE THE APPEAL, THEREFORE , REQUESTED THE TRIBUNAL TO EXERCISE POWERS VESTED IN I T UNDER RULE 24 OF THE APPELLATE TRIBUNAL RULES TO RECALL THE EX-PA RTE ORDER. 3. LD. D.R. HAS NOT RAISED ANY SERIOUS OBJECTION IN THIS REGARD. 2 MA.NO.23/HYD/2016 L & T INFOCITY LTD., HYDERABAD. 4. HAVING REGARD TO THE CIRCUMSTANCES OF THE CASE AND IN EXERCISE OF THE POWERS VESTED UNDER RULE 24 OF THE AP PELLATE TRIBUNAL RULES, WE HEREBY RECALL THE ORDER DATED 30. 03.2016 AND THE REGISTRY IS DIRECTED TO POST THE APPEAL FOR FINAL H EARING ON 16.11.2016. SINCE THE DATE IS ANNOUNCED IN THE OPEN COURT, NOTICE TO THE PARTIES IS DISPENSED WITH. LEARNED COUNS EL, APPEARING ON BEHALF OF THE ASSESSEE, WAS WILLING TO FILE OF THE MATERIAL PAPERS, IF ANY, TO SUPPORT THE STAND TAKEN IN THE APPEAL AND ALSO TO RECTIFY THE DEFECTS IF ANY, WELL BEFORE THE DATE ON WHICH THE APPEAL IS LISTED FOR HEARING. 5. AS PRONOUNCED IN THE OPEN COURT, M.A. OF THE ASSESSEE IS ALLOWED. SD/- SD/- (S. RIFAUR RAHMAN) (D. MANMOHAN) ACCOUNTANT MEMBER VICE PRESIDENT HYDERABAD DATED 12 TH AUGUST, 2016 VBP/- COPY TO 1. L & T INFOCITY LIMITED, 1Q4 - A1, 1 ST FLOOR, CYBER TOWERS, HITECH CITY, MADHAPUR, HYDERABAD-082. 2. DCIT, CIRCLE - 16(1), AAYAKAR BHAVAN, BASHEERBAGH, HYDERABAD 500 004. 3. CIT(A) - IV, 3 RD FLOOR ANNEXE, AAYAKAR BHAVAN, BASHEERBAGH, HYDERABAD 500 004. 4. PR. CIT - 4, HYDERABAD. 5. D.R. ITAT B BENCH, HYDERABAD. 6. GUARD FILE