Invensys Development Centre India P. Ltd., Hyderabad V. ACIT, Hyderabad

MA 242/HYD/2013

• Counselvise Citation: [2013] 124 COUNSELVISE.COM (IT) 1098 (ITAT-HYDERABAD)
• Duration Of Justice: 2 month(s) 17 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 22-11-2013
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2008-2009
• Appeal Filed On: 04-09-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ADAGIRI

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH B, HYDERABAD BEFORE SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER AND SHRI SAKTIJIT DEY, JUDICIAL MEMBER M.A. NO. 242/HYD/2013 (IN ITA NO. 1692/HYD/2012 ASSESSMENT YEAR: 2008-09) INVENSYS DEVELOPMENT CENTRE INDIA PVT. LTD., APPL ICANT HYDERABAD. (PAN AABC1140F) VS. ASST. COMMISSIONER OF INCOME-TAX, RESPONDENT CIRCLE 2(1), HYDERABAD. APPLICANT BY : SHRI K.C. DEVDAS RESPONDENT BY : SHRI B. YADAGIRI DATE OF HEARING : 22/11/2013 DATE OF PRONOUNCEMENT : 22 /11/2013 ORDER PER CHANDRA POOJARI, A.M.: THIS MISCELLANEOUS APPLICATION FILED BY THE ASSESSE E ARISES OUT OF THE ORDER OF ITAT A BENCH, HYDERABAD BENCHES, HYDERABAD, IN APPEAL ITA NO. 1692/HYD/2012 DATED 07/08/2013, WHIC H WERE PASSED EX-PARTE BY THE ITAT. THE ASSESSEE IN THE MA , BESIDES MENTIONING THE REASONS FOR NOT ATTENDING THE HEARIN G OF ITS CASE, REQUESTED THAT NON ATTENDANCE ON THE DATE OF HEARIN G WAS OUT OF INADVERTENCE AND NOT AS THE ASSESSEE WAS DISINTERES TED IN PROSECUTION OF APPEAL. 2. WE HAVE HEARD THE LEARNED COUNSEL OF THE ASSESSE E AND THE LEARNED DR IN THE MATTER. IN VIEW OF THE ABOVE THAT THE ASSESSEE IS INTERESTED IN PROSECUTING ITS APPEAL, THE ORDER OF THE ITAT (SUPRA) IS RECALLED. THE REGISTRY IS DIRECTED TO FIX THE APPE ALS ON 05/03/2014 M.A. NO. 242/HYD/13 INVENSYS DEVELOPMENT CENTRE INDIA P. LTD. 2 FOR HEARING AND ADJUDICATING THE APPEAL ON MERITS, WHICH IS ANNOUNCED IN THE OPEN COURT. 3. IN THE RESULT, THE MISCELLANEOUS APPLICATION FIL ED BY THE ASSESSEE IS ALLOWED AS INDICATED ABOVE. PRONOUNCED IN THE OPEN COURT ON 22/11/2013. SD/- SD/- (SAKTIJIT DEY) (CHANDRA POOJA RI) JUDICIAL MEMBER ACCOUNTANT MEMBER HYDERABAD, DATED: 22/11/2013 KV COPY TO:- 1) INVENSYS DEVELOPMENT CENTRE INDIA PVT. LTD., P LOT NO. 18, 7 TH FLOOR, C-BLOCK, LLABS CENTRE, MADHAPUR, HYDERABAD 500 081. 2) ACIT, CIRCLE 2(1), 8 TH FLOOR, IT TOWERS, MASAB TANK, HYDERABAD 3) DRP, HYDERABAD 4) THE DIT, INTERNATIONAL TAXATION, HYDERABAD 5) THE DEPARTMENTAL REPRESENTATIVE, I.T.A. T., HYDERABAD.