KNB Constructions, Secunderabad V. ITO, Ward-10(4), Hyderabad

MA 238/HYD/2011

• Counselvise Citation: [2012] 123 COUNSELVISE.COM (IT) 7786 (ITAT-HYDERABAD)
• Duration Of Justice: 2 month(s) 23 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 24-02-2012
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: misc
• Appeal Filed On: 01-12-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: K VISHWANATHAM
• Assessee Lawyers: CH G MURALIKRISHNA MURTHY
• Keywords: Reasonable cause

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH A, HYDERABAD BEFORE SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER AND SMT. ASHA VIJAYARAGHAVAN, JUDICIAL MEMBER M.A. NO. 238/HYD/2011 ARISING OUT OF ITA NO. 956/HYD/2009 (ASSESSMENT YEAR : 2003-04) M/S. KNB CONSTRUCTIONS SECUNDERABAD PAN: AAFFK9497G VS. INCOME TAX OFFICER WARD-10(4) HYDERABAD (APPLICANT) (RESPONDENT) APPLICANT BY: SHRI CH. G. MURALI KRISHNA MURTHY RESPONDENT BY: SHRI K. VISHWANATHAM DATE OF HEARING: 2 4 .0 2 .2012 DATE OF PRONOUNCEMENT: 24.02.2012 O R D E R PER CHANDRA POOJARI, AM: BY THIS MISCELLANEOUS APPLICATION, THE ASSESSEE SE EKS RECALL OF THE EX-PARTE ORDER PASSED BY THE TRIBUNAL IN I.T.A. NO. 956/HYD/2009 DATED 29.8.2011. 2. THE LEARNED COUNSEL FOR THE ASSESSEE SUBMITTED T HAT THE ABOVE APPEAL WAS LAST POSTED FOR HEARING ON 25.5.20 11. THE APPEAL WAS ADJOURNED AND THE NEXT DATE OF HEARING W AS RECORDED AS 29.11.2011 IN THE DIARY. CONSEQUENTLY, NO ARRANGEMENT COULD BE MADE EITHER TO SEEK ADJOURNMEN T IN PERSON OR THROUGH AN AUTHORISED REPRESENTATIVE ON T HE IMPUGNED DATE OF HEARING ON 29.8.2011. THE LEARNED COUNSEL FOR THE ASSESSEE FURTHER SUBMITTED THAT THIS IS AN APPEAL IN WHICH THE ISSUE INVOLVED GOES TO THE ROOT OF THE MA TTER IN DETERMINING WHETHER THE ASSESSEE MAINTAINED BOOKS O F ACCOUNT AND CONSEQUENTLY ENTITLED TO THE CARRIED FO RWARD LOSS M.A. NO. 238/HYD/2011 M/S. KNB CONSTRUCTIONS ================== 2 FOR FUTURE SETOFF. HE SUBMITTED THAT THE ASSESSEE IS VERY MUCH INTERESTED TO PROSECUTE ITS APPEAL. ACCORDING LY, THE COUNSEL FOR THE ASSESSEE PRAYED THE BENCH TO PROVID E ONE MORE OPPORTUNITY TO CONTEND THE CASE ON MERIT. 3. ON THE OTHER HAND, THE LEARNED DEPARTMENTAL REPRESENTATIVE HAS NO SERIOUS OBJECTION FOR RECALLI NG THE EX- PARTE ORDER OF THE TRIBUNAL. 4. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS AND PER USED THE MATERIAL AVAILABLE ON RECORD. WE HAVE ALSO GON E THROUGH THE AFFIDAVIT FILED BY THE COUNSEL FOR THE ASSESSEE . DUE TO A MISTAKE IN RECORDING THE DATE OF HEARING THE ASSESS EE COULD NOT BE REPRESENTED ON 29.8.2011. WE ARE OF THE OPI NION THAT THE ASSESSEE WAS PREVENTED BY A REASONABLE CAUSE IN REPRESENTING BEFORE THE TRIBUNAL. WE, THEREFORE, A RE INCLINED TO RECALL THE EX-PARTE ORDER OF THE TRIBUNAL IN I.T .A. NO. 956/HYD/2009 DATED 29.8.2011. THE REGISTRY IS DIRE CTED TO POST THE APPEAL FOR HEARING ON 4.6.2012. NO NOTICE OF HEARING SHALL BE SERVED ON BOTH THE PARTIES AS THIS ORDER I TSELF WOULD SERVE AS NOTICE OF HEARING. 5. IN THE RESULT, THE MISCELLANEOUS APPLICATION FIL ED BY THE ASSESSEE IS ALLOWED. ORDER WAS PRONOUNCED IN THE COURT ON 24 TH FEBRUARY, 2012. SD/ - (ASHA VIJAYARAGHAVAN) JUDICIAL MEMBER SD/ - (CHANDRA POOJARI) ACCOUNTANT MEMBER HYDERABAD, DATED THE 24 TH FEBRUARY, 2012. M.A. NO. 238/HYD/2011 M/S. KNB CONSTRUCTIONS ================== 3 COPY FORWARDED TO: 1. M/S. KNB CONSTRUCTIONS, C/O. M/S. CH. G. KRISHNA MURTHY & CO., CHARTERED ACCOUNTANTS, 133/1, PRENDERGHAST ROAD, SECUNDERABAD-500 003. 2. THE INCOME TAX OFFICER, WARD - 10(4), HYDERABAD. 3. THE CIT(A) - VI , HYDERABAD. 4. THE CIT - V , HYDERABAD. 5. THE DR, A - BENCH, ITAT, HYDERABAD TPRAO