M/s.Eksper Technologies Limited., Hyderabad V. Dy, CIT, Hyderabad

MA 239/HYD/2013

• Counselvise Citation: [2013] 124 COUNSELVISE.COM (IT) 1100 (ITAT-HYDERABAD)
• Duration Of Justice: 1 month(s) 13 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 22-11-2013
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2007-2008
• Appeal Filed On: 09-10-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELATE TRIBUNAL HYDERABAD BENCHES A : HYDERABAD BEFORE : SHRI CHANDRA POOJARI, A.M. AND SMT. ASHA VIJAYARAGHAVAN, J.M. MA. NO. 239/HYD/2013 ARISING OUT OF ITA.NO.242/HYD/2013 ASSESSMENT YEAR 2007-2008 M/S. EKSPER TECHNOLOGIES LIMITED, HYDERABAD PAN AAACE7907K VS. DCIT, CIRCLE 2 (2) HYDERABAD. (APPLICANT) (RESPONDENT) FOR APPLICANT : SHRI A. SRINIVAS (A.R.) FOR RESPONDENT : SHRI B. YADAGIRI (D.R.) DATE OF HEARING : 22.11.2013 DATE OF PRONOUNCEMENT: 22.11.2013 ORDER PER SMT. ASHA VIJAYARAGHAVAN, J.M. BY THIS MISCELLANEOUS APPLICATION THE APPLICANT S EEKS FOR RECTIFICATION OF THE ORDER OF THE TRIBUNAL DATED 30 .05.2012 PASSED IN ITA.NO.242/HYD/2013 CONTENDING INTER ALIA THAT ITS INCOME HAS BEEN ASSESSED TO INCOME TAX WITH THE A.O. CIRCLE 2(2), HYDERABAD. THE APPEAL WAS POSTED FOR HEARING ON 30.05.2013 AND ON THE DATE OF HEARING AS NOBODY WAS PRESENT THE SAID APPEAL WAS DISMISSED FOR NON-PROSECUTION. THE ASSESSEE SUBMITS THAT THE CASE WAS ENTRUSTED TO A FIRM OF CHARTERED ACCOUNTAN TS WHO WERE TO APPEAR BEFORE THE HONBLE TRIBUNAL. ON THE DATE OF HEARING , THE LEARNED A.R. WHO HAS TO APPEAR WAS NOT WELL AND WAS RUNNING TEMPERATURE. AS SUCH ON THAT DAY THE ASSESSEES A.R. COULD NOT ATTEND THE SAID HEARING. THE ASSESSEE, THEREFORE, SUBMITTED THAT AS THERE WAS A VALID CAUSE FOR NON-A PPEARANCE ON THE DATE OF 2 MA.NO.239/H/13 IN ITA.NO.242/H/13 M/S. EKSPER TECHNOLOGIES LIMITED, HYDERABAD. HEARING AND PRAYED THAT THE APPEAL BE RESTORED AND AN OPPORTUNITY BE GIVEN FOR PRESENTING THE ASSESSEES CASE. 2. WE FIND THAT THE ASSESSEE HAS GOT VALID REASONS AND THEREFORE, WE RECALL OUR ORDER DATED 30.05.2012 IN ITA.NO.242/HYD /2013 AND DIRECT THE REGISTRY TO POST THE APPEAL FOR HEARING ON 12.03.20 14. SINCE, THE DATE IS ANNOUNCED IN THE OPEN COURT, NO FRESH NOTICE WILL G O TO THE PARTIES. 3. IN THE RESULT, MISCELLANEOUS APPLICATION OF THE ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 22.11.2013. SD/- SD/- (CHANDRA POOJARI) (ASHA VIJAYARAGHAVA N) ACCOUNTANT MEMBER JUDICIAL ME MBER HYDERABAD, DATED: 22 ND NOVEMBER, 2013 VBP/- COPY TO 1. M/S. EKSPER TECHNOLOGIES LTD. 107/1, ROAD NO.44, JU BILEE HILLS, HYDERABAD PAN AAACE7907K 2. D C IT , CIRCLE 2 (2), I.T. TOWERS, HYDERABAD. 3. CIT-II, HYDERABAD 4. ADDL. CIT, RANGE-2, HYDERABAD 4. DR A BENCH, ITAT, HYDERABAD.