Smt N Siva Subba Lakshmi, Vijayawada V. The ITO Ward-2(3) Vijayawada, Vijayawada

MA 33/VIZ/2011

• Counselvise Citation: [2011] 123 COUNSELVISE.COM (IT) 7100 (ITAT-VISAKHAPATNAM)
• Duration Of Justice: 15 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 05-08-2011
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Assessment Year: misc
• Appeal Filed On: 21-07-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: TH L PETER

Judgement Text

MA NO.33/V/2011 N.S.S. LAKSHMI, VJA 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. 33 / VIZAG/20 1 1 (ARISING OUT OF ITA NO.167/VIZAG/2011) ASSESS MENT YEAR: 2007 - 08 N. SIVA SUBBA LAKSHMI VIJAYAWADA VS. ITO WARD - 2 (3) VIJAYAWADA (APPELLANT) (RESPONDENT) PAN NO.ABRPN 9543K APPELLANT BY: SHRI G.V.N. HARI, CA RESPONDENT BY: SHRI TH.L. PETER, CIT(DR) ORDER PER SHRI SUNIL KUMAR YADAV, JUDICIAL MEMBER : BY THIS PETITION THE ASSESSEE SEEKS RECALL OF ORDE R DATED 3.6.2011 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 ASSESSEE SUBMITTED THAT HER AUTHORIZED REPRE SENTATIVE SRI P.V. SUBBA RAO COULD NOT ATTEND THE APPEAL HEARING AS HE WAS SUFFERING FROM FEVER ON THAT DAY. ACCORDINGLY, SHE SUBMITTED THAT THE NON-APPEARANCE ON THE DATE OF HEARING WAS FOR SUFFICIENT CAUSE AND PR AYED FOR RECALL OF THE ORDER. WE ALSO HEARD THE LD. DR IN THIS REGARD. 3. HAVING REGARD TO THE REASONS GIVEN BY THE ASSESS EE 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.33/V/2011 N.S.S. LAKSHMI, VJA PAGE 2 OF 2 4. THE MISCELLANEOUS PETITION IS ACCORDINGLY ALLOWE D AND THE REGISTRY IS DIRECTED TO POST THE APPEAL ON 25.8.2011. 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 5.8.2011. SD/ - SD/ - (B R BASKARAN) (SUNIL KUMAR YADAV) ACCOUNTANT MEMBER JUDICIAL MEMBER VG/SPS VISAKHAPATNAM, DATED: 5 TH AUGUST, 2011. COPY TO 1 SMT. NARA SIVA SUBBA LAKSHMI, C/O PV RAO, AUTHORISE D REPRESENTATIVE, D.NO.29-4-8, K.R. REDDY STREET, GOVERNORPET, VIJAYA WADA 2 THE ITO WARD - 2(3), VIJAYAWADA 3 THE CIT, VIJAYAWADA 4 THE CIT(A), VIJAYAWADA 5 THE DR, ITAT, VISAKHAPATNAM. 6 GUARD FILE. BY ORDER SENIOR PRIVATE SECRETARY INCOME TAX APPELLATE TRIBUNAL VISAKHAPATNAM