Sri Mathuradausji Ayodhyabai Rathi and, Hyderabad V. DIT (E), Hyderabad

MA 38/HYD/2011

• Counselvise Citation: [2011] 111 COUNSELVISE.COM (IT) 0427 (ITAT-HYDERABAD)
• Duration Of Justice: 2 month(s) 6 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 31-03-2011
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB-A
• Next Hearing Date: 25-03-2011
• Assessment Year: misc
• Appeal Filed On: 24-01-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: K V N CHARYA
• Assessee Lawyers: K L RATHI
• Keywords: Charitable institution

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 M.A. NO. 38/HYD/2011 ARISING FROM M.A. NO. 191/HYD/2010 (ASSESSMENT YEAR : NIL) SRI MATHURADASJI AYODHYABAI RATHI CHARITABLE TRUST, HYDERABAD PAN: AAFST3414F VS. THE DIT (EXEMPTIONS) HYDERABAD APPELLANT RESPONDENT APPELLANT BY: SHRI K.L. RATHI RESPONDENT BY: SHRI K.V.N. CHARYA O R D E R PER CHANDRA POOJARI, AM: THIS MISCELLANEOUS APPLICATION IS BY THE ASSESSEE SEEKING RECALLING OF THE ORDER OF THIS TRIBUNAL IN M.A. NO. 191/HYD/2010 DATED 19.11.2010. 2. THE LEARNED COUNSEL FOR THE ASSESSEE SUBMITTED THAT THE EARLIER MA BY THE ASSESSEE WAS DISMISSED BY THE TRIBUNAL FOR NON-PROSECUTION. THE ASSESSEE SUBMITT ED THAT THE ASSESSEE WAS NOT IN RECEIPT OF ANY NOTICE OF HEARING IN RESPECT OF THE EARLIER MA IN M.A. NO. 191/HYD/2010 AND PRAYED THAT ONE MORE OPPORTUNITY O F HEARING MAY BE GIVEN IN THE INTEREST OF JUSTICE. 3. WE HAVE HEARD BOTH THE PARTIES AND PERUSED THE MATERIAL ON RECORD. WE ARE OF THE OPINION THAT IN THE INTEREST OF JUSTICE, IT IS FAIR TO RECALL THE ORDER OF THE TRIBUNAL DATED 19.11.2010 IN M.A. NO. 191/HYD/2010. ACCORDINGLY, WE RECALL THE ORDER OF THE TRIBUNAL DA TED 19.11.2010 IN M.A. NO. 191/HYD/2010. THE REGISTRY IS M.A. NO. 38/HYD/2011 SRI MATHURDASJI AYODHYABAI RATHI CHARITABLE TRUST, HYDERABAD ========================= 2 HEREBY DIRECTED TO FIX THE MA NO. 191/HYD/2010 FOR HEARING ON 27.5.2011. NO SEPARATE OF NOTICE OF HEA RING IS NECESSARY AND THIS ORDER OF THE TRIBUNAL SHALL BE T AKEN AS NOTICE OF HEARING BY BOTH THE SIDES. 4. IN THE RESULT, THE MA FILED BY THE ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 31 ST MARCH, 2011. SD/- (G.C. GUPTA) VICE PRESIDENT SD/- (CHANDRA POOJARI) ACCOUNTANT MEMBER HYDERABAD, DATED 31 ST MARCH, 2011 TPRAO COPY FORWARDED TO: 1. SRI MATHURADASJI AYODHYABAI RATHI CHARITABLE TRUST, C/O. SRI K.L. RATHI, ADVOCATE, 3-5-144/5, EDEN GARDEN, HYDERABAD-500 001. 2. THE DIT(E), HYDERABAD. 3. THE CIT(A) CONCERNED , HYDERABAD. 4 THE CIT CONCERNED , HYDERABAD 5. THE DR A BENCH, ITAT, HYDERABAD