Pramati Technologies Pvt Ltd, Hyderabad V. DCIT, Circle 16 (3), Hyderabad

MA 39/HYD/2011

• Counselvise Citation: [2011] 111 COUNSELVISE.COM (IT) 0425 (ITAT-HYDERABAD)
• Duration Of Justice: 1 month(s) 19 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: 10-02-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: K V N CHARYA
• Assessee Lawyers: C SUBRAMANYAM

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. 39/HYD/2011 ARISING FROM I.T.A. NO. 704/HYD/2011 (ASSESSMENT YEAR : 2004-05) M/S. PRAMATI TECHNOLOGIES PVT. LTD., HYDERABAD PAN: AAACP1967C VS. THE DY. CIT CIRCLE 16(3) HYDERABAD APPELLANT RESPONDENT APPELLANT BY: SHRI C. SUBRAMANYAM RESPONDENT BY: SHRI K.V.N. CHARYA O R D E R PER CHANDRA POOJARI, AM: THIS MISCELLANEOUS APPLICATION IS BY THE ASSESSEE SEEKING RECALL OF THE EX-PARTE ORDER OF THIS TRIBUN AL IN I.T.A. NO. 704/HYD/2010 DATED 3 RD JANUARY, 2011 FOR A.Y. 2004-05. 2. THE LEARNED COUNSEL FOR THE ASSESSEE SUBMITTED THAT THE ASSESSEE WAS PREVENTED BY SUFFICIENT CAUSE TO A PPEAR BEFORE THE TRIBUNAL ON THE DATE OF HEARING I.E., 3. 1.2011. 3. WE HAVE GONE THROUGH THE PETITION FILED BY THE ASSESSEE EXPLAINING THE ABSENCE ON THE DATE OF HEAR ING ON 3.1.2011. WE ARE CONVINCED ABOUT THE REASONS ADVAN CED BY THE ASSESSEE AND ACCORDINGLY, WE ARE INCLINED TO RECALL THE EX-PARTE ORDER OF THE TRIBUNAL DATED 3 RD JANUARY, M.A. NO. 39/HYD/2011 M/S. PRAMATI TECHNOLOGIES PVT. LTD. =========================== 2 2011. THE ORDER OF THE TRIBUNAL IS HEREBY RECALLED AND THE MATTER IS RESTORED ON THE FILE OF THE TRIBUNAL. WE DIRECT THE REGISTRY TO FIX THE APPEAL OF THE ASSESS EE FOR HEARING ON 6 TH JUNE, 2011. THIS ORDER ITSELF WILL SERVE AS NOTICE OF HEARING ON BOTH THE PARTIES AND THERE IS NO NEED TO ISSUE SEPARATE NOTICE OF HEARING TO BOTH THE PAR TIES. 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. M/S. PRAMATI TECHNOLOGIES PVT. LTD., 301, WHITE HOUSE, BEGUMPET, HYDERABAD-04. 2. THE DCIT, CIRCLE 16(3), HYDERABAD. 3. THE CIT(A) - V, HYDERABAD. 4 THE CIT - IV , HYDERABAD 5. THE DR A BENCH, ITAT, HYDERABAD