M/s Nizamabad Dist. Co-operative Central Bank Ltd., Nizamabad V. ITO, Ward -2, Nizamabad

MA 4/HYD/2012

• Counselvise Citation: [2012] 123 COUNSELVISE.COM (IT) 7793 (ITAT-HYDERABAD)
• Duration Of Justice: 1 month(s) 28 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 17-02-2012
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2007-2008
• Appeal Filed On: 20-12-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: MAYA MAHESHWARI
• Assessee Lawyers: D BALAJI
• Keywords: Reasonable cause

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH B, HYDERABAD BEFORE SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER AND SMT. ASHA VIJAYARAGHAVAN, JUDICIAL MEMBER M.A. NO. 04/HYD/2012 ARISING OUT OF ITA NO. 1126/HYD/2011 (ASSESSMENT YEAR 2007-08) M/S. NIZAMABAD DISTRICT CO-OPERATIVE CENTRAL BANK LTD., NIZAMABAD PAN: AAACT7405M) VS. INCOME TAX OFFICER WARD-2 NIZAMABAD (APPLICANT) (RESPONDENT) APPLICANT BY: SHRI D. BALAJI RESPONDENT BY: SMT. MAYA MAHESHWARI DATE OF HEARING: 17 .0 2 .2012 DATE OF PRONOUNCEMENT: 17.02.2012 O R D E R PER CHANDRA POOJARI, ACCOUNTANT MEMBER: BY THIS MISCELLANEOUS APPLICATION, THE ASSESSEE IS SEEKING THE RECALL OF TRIBUNAL'S EX-PARTE ORDER IN I.T.A. NO. 1126/HYD/2011 DATED 29 TH SEPTEMBER, 2011. 2. THE LEARNED COUNSEL FOR THE ASSESSEE SUBMITTED T HAT NO NOTICE OF HEARING HAD BEEN RECEIVED BY THE BANK IN RESPECT OF HEARING ON 29 TH SEPTEMBER, 2011 AND THE GENERAL MANAGER OF THE BANK WHO IS THE PERSON AUTHORISED TO DEAL WITH THE INCOME-TAX MATTERS WAS NOT AWARE OF THE HEARING. T HEREFORE, NO ARRANGEMENTS COULD BE MADE FOR APPEARING BEFORE THE TRIBUNAL ON THE DATE OF HEARING. AN AFFIDAVIT IS A LSO FILED ON RECORD BY THE CHIEF EXECUTIVE OFFICER OF THE BANK W HEREIN SRI D. BALAJI, FCA, CHARTERED ACCOUNTANT WAS AUTHORISED TO DEAL WITH THE TRIBUNAL MATTERS OF THE BANK. THE LEARNED COUNSEL FOR THE ASSESSEE FURTHER SUBMITTED THAT THE NON-APP EARANCE M.A. NO. 04/HYD/2012 M/S. NIZAMABAD DIST. CO-OPERATIVE CENTRAL BANK LTD. ========================= 2 ON THE DATE OF HEARING IS NOT INTENTIONAL AND THE A SSESSEE IS VERY MUCH INTERESTED TO PROSECUTE ITS APPEAL. ACCO RDINGLY, HE PRAYED FOR ONE MORE OPPORTUNITY TO CONTEND THE MATT ER ON MERIT. 3. ON THE OTHER HAND, THE LEARNED DEPARTMENTAL REPRESENTATIVE HAS NO SERIOUS OBJECTION FOR RECALLI NG THE EX- PARTE ORDER OF THE TRIBUNAL. 4. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS AND PER USED THE MATERIAL AVAILABLE ON RECORD. WE ARE OF THE OP INION THAT THE ASSESSEE WAS PREVENTED BY A REASONABLE CAUSE AN D THERE IS NO NEGLIGENCE ON THE PART OF THE ASSESSEE. WE, THEREFORE, RECALL THE EX-PARTE ORDER OF THE TRIBUNAL IN I.T.A. NO. 1126/HYD/2011 DATED 29 TH SEPTEMBER, 2011. THE REGISTRY IS DIRECTED TO POST THIS CASE FOR HEARING ON 21.3.2012 AND THERE WILL BE NO NOTICE OF HEARING TO BOTH THE PARTIES. THIS ORDER ITSELF WILL SERVE AS NOTICE OF HEARING ON BOTH THE PARTIES. 5. IN THE RESULT, MISCELLANEOUS APPLICATION FILED B Y THE ASSESSEE STANDS ALLOWED. ORDER WAS PRONOUNCED IN THE COURT ON 17 TH FEBRUARY, 2012. SD/ - (ASHA VIJAYARAGHAVAN) JUDICIAL MEMBER SD/ - (CHANDRA POOJARI) ACCOUNTANT MEMBER HYDERABAD, DATED THE 17 TH FEBRUARY, 2012. COPY FORWARDED TO: 1. M/S. NIZAMABAD DIST. CO - OP. CENTRAL BANK LTD., KHALEELWADI, NIZAMABAD. 2. THE INCOME TAX OFFICER, WARD - 2, NIZAMABAD. 3. THE CIT(A) - VI , HYDERABAD. 4. THE CIT - V , HYDERABAD. 5. THE DR, B - BENCH, ITAT, HYDERABAD TPRAO