Jyoti Agarwal, Hyderabad, Hyderabad V. ITO, Ward-14(5) (i/c), Hyd, Hyderabad

MA 25/HYD/2017

• Counselvise Citation: [2017] 124 COUNSELVISE.COM (IT) 5706 (ITAT-HYDERABAD)
• Duration Of Justice: 1 month(s) 7 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 09-06-2017
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2012-2013
• Appeal Filed On: 02-05-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: RAJEEV BENJWAL
• Assessee Lawyers: ARUN KUMAR MALANI

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH A, HYDERABAD BEFORE SMT P. MADHAVI DEVI, JUDICIAL MEMBER AND SHRI S. RIFAUR RAHMAN, ACCOUNTANT MEMBER M.A. NO. 25/HYD/2017 (IN ITA NO. 1191/HYD/2016 ASSESSMENT YEAR: 2009-10) SMT. JYOTI AGARWAL, HYDERABAD. PAN AAKPA 6898G VS. INCOME TAX OFFICER, WARD 14(5) (I/C), HYDERABAD. (APPLICANT) (RESPONDENT) ASSESSEE BY : SHRI ARUN KUMAR MALANI REVENUE BY : SHRI RAJEEV BENJWAL DATE OF HEARING : 09-06-2017 DATE OF PRONOUNCEMENT : 09-06-2017 O R D E R PER S. RIFAUR RAHMAN, A.M.: THIS MISCELLANEOUS APPLICATION FILED BY THE ASSESSE E ARISES OUT OF THE ORDER OF ITAT A BENCH, HYDERABAD BENCHES, HYD ERABAD, IN ITA NO. 1191/HYD/2016 DATED 10/03/2017, DISMISSING THE APPE AL EX-PARTE IN LIMINE FOR NON-PROSECUTION. 2. WE HAVE CONSIDERED THE SUBMISSIONS OF THE PARTI ES AND PERUSED THE MATERIAL ON RECORD. ON PERUSAL OF THE SUBMISSIONS M ADE BY THE ASSESSEE IN THE MISCELLANEOUS APPLICATION, WE ARE OF THE VIEW T HAT ASSESSEE IS PREVENTED BY SUFFICIENT CAUSE FOR NOT ATTENDING ON THE DATE OF HEARING OF APPEAL, AND THEREFORE, WE ARE INCLINED TO RECALL OU R ORDER DATED 10/03/2017 PASSED IN ITA NO. 1191/HYD/2016 AND POST THE APPEAL FOR HEARING ON 19/09/2017 . AS THE AFORESAID DATE OF HEARING OF APPEAL WAS AN NOUNCED IN THE OPEN COURT IN PRESENCE OF BOTH THE COUNSELS, NO SEPARATE NOTICE OF HEARING IS REQUIRED TO BE ISSUED TO THE PARTIES. 2 M.A. NO. 25/HYD/2017 SMT. JYOTI AGARWAL, HYD. 3. IN THE RESULT, THE MISCELLANEOUS APPLICATION FIL ED BY THE ASSESSEE IS ALLOWED. PRONOUNCED IN THE OPEN COURT ON 9 TH JUNE, 2017. SD/- SD/- (P. MADHAVI DEVI) (S. RIFAUR RAHM AN) JUDICIAL MEMBER A CCOUNTANT MEMBER HYDERABAD, DATED: 9 TH JUNE, 2017. KV COPY TO:- 1) SMT. JYOTI AGARWAL, 8-2-684/3K/11&12, ROAD NO. 12, BANJARA HILLS,HYDERABAD 500 034 2) ITO, WARD 14(5) I/C, HYDERABAD. 3) CIT(A) 6, HYDERABAD 4) PR. CIT - 6, HYDERABAD 5) THE DEPARTMENTAL REPRESENTATIVE, I.T.A.T., H YDERABAD. 6) GUARD FILE