M/s Anu's Laboratories Ltd., Hyderabad V. DCIT, Hyderabad

MA 30/HYD/2010

• Counselvise Citation: [2011] 123 COUNSELVISE.COM (IT) 6603 (ITAT-HYDERABAD)
• Duration Of Justice: 1 year(s) 5 month(s) 6 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 15-07-2011
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Next Hearing Date: 27-05-2011
• Assessment Year: misc
• Appeal Filed On: 09-02-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: B V PRASAD REDDY
• Assessee Lawyers: C P RAMASWAMY

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH A', HYDERABAD BEFORE SHRI G.C.GUPTA, VICE PRESIDENT AND SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER MISC. APPLN. NO.30/HYD/2010 (IN ITA NO.289/HYD/06) : ASSTT. YEAR 2002-03 M/S. ANUS LABORATORIES LIMITED, HYDERABAD ( PAN - AACCA 0071 G ) V/S. DY. COMMISSIONER OF INCOME-TAX CIRCLE 1(1), HYDERABAD. (APPLICANT) (RESPONDENT) APPLICANT BY : SHRI C.P. RAMASWAMY RESPONDENT BY : SHRI B.V.PRASAD REDDY O R D E R PER G.C.GUPTA, VICE PRESIDENT: BY THIS MISCELLANEOUS APPLICATION, ASSESSEE HAS R EQUESTED FOR RECALLING THE EX-PARTE ORDER OF THE TRIBUNAL PA SSED IN ITA NO.289/HYD/2006 FOR ASSESSMENT YEAR 2002-03 DATED 1 6.12.2009 IN THE CASE OF THE ASSESSEE. 2. WE HAVE HEARD THE PARTIES ON THE ISSUE. IN VI EW OF THE CIRCUMSTANCES EXPLAINED ON BEHALF OF THE ASSESSEE F OR THE NON- APPEARANCE ON THE DATE OF HEARING ON THE APPEAL BEF ORE THE TRIBUNAL, WE RECALL THE EX-PARTE ORDER OF THE TRIBUNAL IN THE CASE OF THE ASSESSEE IN ITA NO. 289/HYD/2006 FOR THE ASSESSMENT YEAR 200 2-03 DATED 16.12.2009. THE DATE OF HEARING ON THE APPEAL IS A NNOUNCED IN THE OPEN COURT AS 20 TH JULY, 2011. THERE IS NO NECESSITY FOR SERVING ANY SEPARATE NOTICE OF HEARING ON THE PARTIES. WE DIREC T ACCORDINGLY. MA NO.30/HYD/2010 ( IN ITA NO.289/.HYD/2006) M/S. ANUS LABORATORIES LIMITED, HYDERABAD 2 3. IN THE RESULT, MISCELLANEOUS APPLICATION OF TH E ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN THE COURT ON THE CONCLUSION OF HEARING ON THE MISCELLANEOUS APPLICATION ON 15.7.20 11 SD/- SD/- (CHANDRA POOJARI) (G.C.GUPTA) ACCOUNTANT MEMBER VICE PRESIDENT DT/- 15 TH JULY, 2011 COPY FORWARDED TO: 1. M/S. ANUS LABORATORIES LIMITED, PLOT NO.A - 49 MADHURA NAGAR, HYDERABAD 2. DY. COMMISSIONER OF INCOME - TAX , CIRCLE 1(1) , HYDERABAD 3. COMMISSIONER OF INCOME - TAX(APPEALS) - II, HYDERABAD. 4. COMMISSIONER OF INCOME - TAX I HYDERABAD 5. DEPARTMENTAL REPRESENTATIVE, ITAT, HYDERABAD. B.V.S.