M/s Suryachandra paper Mills Ltd., V. The ACIT, Circle-1, Kakinada

MA 27/VIZ/2011

• Counselvise Citation: [2011] 123 COUNSELVISE.COM (IT) 6754 (ITAT-VISAKHAPATNAM)
• Duration Of Justice: 1 month(s) 1 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 14-06-2011
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Assessment Year: 2004-2005
• Appeal Filed On: 13-05-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: D S SUNDER SINGH
• Assessee Lawyers: P PRABAHAKARA MURTY

Judgement Text

MA NO.27/VIZ/2011 M/S. SURYACHANDRA PAPER MILLS LTD ., MAREDUBAKA PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL VISAKHAPATNAM BENCH, VISAKHAPATNAM BEFORE: SHRI SUNIL KUMAR YADAV, JUDICIAL MEMBER AND SHRI BR BASKARAN, ACCOUNTANT MEMBER M. A . NO. 27 / VIZAG/20 1 1 (ARISING OUT OF ITA NO.299/VIZAG/2008) ASSESS MENT YEAR: 2004 - 05 M/S. SURYACHANDRA PAPER MILLS LTD. MAREDUBAKA VS. ACIT, CIRCLE - 1 KAKINADA (APPELLANT) (RESPONDENT) PAN NO.AADES 1178D APPELLANT BY: SHRI P. PRABAHAKARA MURTY, ADVOCATE RESPONDENT BY: SHRI D.S. SUNDER SINGH, SR. DR ORDER PER SHRI SUNIL KUMAR YADAV, JUDICIAL MEMBER : BY THIS PETITION THE ASSESSEE SEEKS RECALL OF ORDE R DATED 24.8.2009 PASSED BY THIS BENCH ON THE GROUND THAT THE NON APP EARANCE ON THE DATE FIXED FOR HEARING WAS ON ACCOUNT OF SUFFICIENT CAUS E. 2. THE ASSESSEE SUBMITTED THAT THE AUTHORIZED REPRE SENTATIVE OF THE PETITIONER WAS OUT OF STATION AT THE RELEVANT POINT OF TIME I.E. ON THE DATE OF HEARING FOR MEDICAL CHECK UP ON SERIOUS HEALTH DISO RDER. ACCORDINGLY, THE ASSESSEE SUBMITTED THAT THE NON-APPEARANCE ON THE D ATE OF HEARING WAS FOR SUFFICIENT CAUSE AND PRAYED FOR RECALL OF THE ORDER . WE ALSO HEARD THE LD. DR IN THIS REGARD. 3. HAVING REGARD THE REASONS GIVEN BY THE ASSESSEE AND IN EXERCISE OF POWERS VESTED IN US UNDER RULE 24 AND 25 OF THE APP ELLATE TRIBUNAL RULES, WE RECALL THE ORDER REFERRED SUPRA. MA NO.27/VIZ/2011 M/S. SURYACHANDRA PAPER MILLS LTD ., MAREDUBAKA PAGE 2 OF 2 4. THE MISCELLANEOUS PETITION IS ACCORDINGLY ALLOWE D AND THE REGISTRY IS DIRECTED TO POST THE APPEAL ON 28.6.2011. SINCE TH E DATE OF HEARING IS ANNOUNCED IN THE OPEN COURT IN THE PRESENCE OF THE PARTIES, BOTH THE PARTIES MAY NOTE THAT FORMAL NOTICE OF HEARING WILL NOT BE SENT TO THEM. PRONOUNCED ACCORDINGLY ON 14/6/2011. SD/ - SD/ - (B R BASKARAN) (SUNIL KUMAR YADAV) ACCOUNTANT MEMBER JUDICIAL MEMBER VG/SPS VISAKHAPATNAM, DATED: 14 TH JUNE, 2011. COPY TO 1 M/S. SURYACHANDRA PA PER MILLS LTD., 2 - 32, MAREDUBAKA, NEAR MANDAPETA, E.G. DISTRICT-533 308. 2 THE ACIT, CIRCLE - 1, KAKINADA 3 THE CIT, RAJAHMUNDRY 4 THE CIT(A), RAJAHMUNDRY 5 THE DR, ITAT, VISAKHAPATNAM. 6 GUARD FILE. BY ORDER SENIOR PRIVATE SECRETARY INCOME TAX APPELLATE TRIBUNAL VISAKHAPATNAM