Sri KV Satya Suryanarayana Reddy, Rajahmundry V. The DCIT Cir-1 Rajahmundry, Rajahmundry

MA 30/VIZ/2011

• Counselvise Citation: [2011] 123 COUNSELVISE.COM (IT) 6750 (ITAT-VISAKHAPATNAM)
• Duration Of Justice: 25 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 04-07-2011
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Assessment Year: 2007-2008
• Appeal Filed On: 09-06-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: D S SUNDER SINGH

Judgement Text

MP NOS.29, 30 & 31 OF 2011 V.P. REDDY, RJY 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. 29 / VIZAG/20 1 1 (ARISING OUT OF ITA NO.81/VIZAG/2011) ASSESSM ENT YEAR: 2007 - 08 VANGA PULLA REDDY RAJAHMUNDRY VS. DCIT CIRCLE - 1 RAJAHMUNDRY (APPELLANT) (RESPONDENT) PAN NO.AARPV 0802A M.A. NO.30/VIZAG/2011 (ARISING OUT OF ITA NOS.82/VIZAG/2011) ASSESSMENT YEAR: 2007 - 08 K.V. SATYA SURYANARAYANA REDDY RAJAHMUNDRY VS. DCIT CIRCLE - 1 RAJAHMUNDRY (APPELLANT) (RESPONDENT) PAN NO.AMGPK 4690J M.A. NO.31/VIZAG/201 1 (ARISING OUT OF ITA NOS.84/VIZAG/2011) ASSESSMENT YEAR: 2007 - 08 VANGA RAMALAKSHMI KUMARI RAJAHMUNDRY VS. DCIT CIRCLE - 1 RAJAHMUNDRY (A PPELLANT) (RESPONDENT) PAN NO. AEYPV 1455J APPELLANT BY: SHRI G.V.N. HARI, CA RESPONDENT BY: SHRI D.S. SUNDER SINGH, SR. DR. ORDER PER SHRI SUNIL KUMAR YADAV, JUDICIAL MEMBER : BY THESE PETITIONS THE ASSESSEES SEEK RECALL OF OR DER DATED 12.5.2011 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 ASSESSEES SUBMITTED THAT THEY HAVE FILED ADJ OURNMENT NOTICE DATED 16.3.2011 THROUGH REGD. AD AND THE SAME WAS D ELIVERED ON 18.3.2011 STATING THAT THEIR AUTHORIZED REPRESENTATIVE HAS SC HEDULED HIS FOREIGN TRIP FROM 1 ST OF APRIL TO LAST WEEK OF MAY, 2011 BUT THE TRIBUNA L FIXED THE APPEALS MP NOS.29, 30 & 31 OF 2011 V.P. REDDY, RJY PAGE 2 OF 2 FOR HEARING ON 12.5.2011 AND NONE COULD APPEAR ON T HE DATE FIXED. ACCORDINGLY, LD. COUNSEL HAS SUBMITTED THAT THE NON -APPEARANCE ON THE DATE OF HEARING WAS ON ACCOUNT OF ABOVE REASONS AND NOT INTENTIONAL AND HE PRAYED FOR RECALL OF THE ORDER. WE ALSO HEARD THE LD. DR IN THIS REGARD. 3. HAVING REGARD TO THE REASONS GIVEN BY THE ASSESS EES 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. 4. THESE MISCELLANEOUS PETITIONS ARE ACCORDINGLY AL LOWED AND THE REGISTRY IS DIRECTED TO POST THESE APPEALS ON 13.7.2011. SI NCE THE 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 4.7.2011. SD/ - SD/ - (B R BASKARAN) (SUNIL KUMAR YADAV) ACCOUNTANT MEMBER JU DICIAL MEMBER VG/SPS VISAKHAPATNAM, DATED: 4 TH JULY, 2011. COPY TO 1 SRI VANGA PULLA REDDY, D.NO.79 - 8 - 18, TILAK ROAD, RAJAHMUNDRY, EAST GODAVARI DISTRICT (A.P.) 2 SRI KONALA VENKATA SATYA SURYANARAYANA REDDY, D.NO. 79 - 17 - 14, OFFICIAL COLONY, RAJAHMUNDRY-533 103, EAST GODAVARI DISTRICT (A.P.) 3 SMT. VANGA RAMALAKSHMI KUMARI, D.NO.79 - 8 - 18, TILAK ROAD, RAJAHMUNDRY, EAST GODAVARI DISTRICT (A.P.) 4 DCIT, CIRCLE - 1, RAJAHMUNDRY 5 THE CIT, RAJAHMUNDRY 6 THE CIT(A), RAJAHMUNDRY 7 THE DR, ITAT, VISAKHAPATNAM. 8 GU ARD FILE. BY ORDER SENIOR PRIVATE SECRETARY INCOME TAX APPELLATE TRIBUNAL VISAKHAPATNAM