Asst. Commissioner of Income Tax, Circle-10(1), Hyderabad V. Sri Rajendra Prasad Agarwal, Hyderabad

MA 28/Hyd/2018

• Counselvise Citation: [2018] 124 COUNSELVISE.COM (IT) 6592 (ITAT-HYDERABAD)
• Duration Of Justice: 2 month(s) 17 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 11-05-2018
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: B
• Next Hearing Date: 04-05-2018
• Assessment Year: 2008-2009
• Appeal Filed On: 23-02-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: DR K J DIVYA
• Assessee Lawyers: SANDEEP TOSHNIWAL
• Keywords: Reasonable cause

Judgement Text

MA NO 28 OF 2018 SRI RAJENDRA PRASAD AGARWAL SECUN DERABAD. PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD B BENCH, HYDERABAD BEFORE SMT. P. MADHAVI DEVI, JUDICIAL MEMBER AND SHRI S.RIFAUR RAHMAN, ACCOUNTANT MEMBER M.A. NO. 28/HYD/2018 (ARISING OUT OF ITA NO.907/HYD/2013) (ASSESSMENT YEAR: 2008-09) SHRI RAJENDRA PRASAD AGARWAL SECUNDERABAD PAN: AAKPA8671K VS ASSTT. COMMISSIONER OF INCOME TAX, CIRCLE 10(1) HYDERABAD (APPELLANT) (RESPONDENT) FOR ASSESSEE : SHRI SANDEEP TOSHNIWAL FOR REVENUE : SMT. DR. K.J. DIVYA, DR O R D E R PER SMT. P. MADHAVI DEVI, J.M. THIS MISCELLANEOUS APPLICATION IS FILED BY THE ASSE SSEE SEEKING RECALL OF THE ORDER OF THE TRIBUNAL DATED 2 6.09.2017 DISMISSING THE APPEAL FOR NON-PROSECUTION. 2. THE ASSESSEE HAS STATED THAT ON THE DATE OF HEAR ING, THE ASSESSEES COUNSEL WAS OUT OF STATION AND THERE FORE, COULD NOT APPEAR BEFORE THE TRIBUNAL AND THAT THE NON-REPRESE NTATION BEFORE THE TRIBUNAL IS NOT WILFUL BUT DUE TO BONAFIDE REAS ONS. 3. THE LEARNED DR WAS ALSO HEARD. DATE OF HEARING: 04.05 . 201 8 DATE OF PRONOUNCEMENT: 11.05.2018 MA NO 28 OF 2018 SRI RAJENDRA PRASAD AGARWAL SECUN DERABAD. PAGE 2 OF 2 4. BEING SATISFIED THAT THE NON-APPEARANCE BY THE ASSESSEE BEFORE THE TRIBUNAL WAS DUE TO REASONABLE CAUSE, THE ORDER OF THE TRIBUNAL DATED 26.09.2017 IN ITA NO.90 7/HYD/2013 FOR THE A.Y 2008-09 IS RECALLED AND THE APPEAL IS P OSTED FOR HEARING ON 27.08.2018. AS THE DATE OF HEARING HAS B EEN ANNOUNCED IN THE OPEN COURT IN THE PRESENCE OF BOTH THE PARTIES, NO FRESH NOTICE NEED BE SENT TO THE PARTIES. 5. IN THE RESULT, MISCELLANEOUS APPLICATION FILED B Y THE ASSESSEE IS ACCORDINGLY ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 11 TH MAY, 2018. SD/- SD/- (S.RIFAUR RAHMAN) ACCOUNTANT MEMBER (P. MADHAVI DEVI) JUDICIAL MEMBER HYDERABAD, DATED MAY 2018. VINODAN/SPS COPY TO: 1 SHRI TEJPRAKASH TOSHNIWAL, ADVOCATE, 4-1-6/B4, RA MKOTE, HYDERABAD 500095 2 ACIT, CIRCLE 10(1) HYDERABAD 3 CIT (A) - VI, HYDERABAD 4 CIT V HYDERABAD 5 THE DR, ITAT HYDERABAD 6 GUARD FILE BY ORDER