M/s Sri Satyanarayana Spinning Mills Ltd., Venkatrayapuram, Tanuku V. The ACIT, Circle-1, Eluru

MA 40/VIZ/2009

• Counselvise Citation: [2010] 123 COUNSELVISE.COM (IT) 4306 (ITAT-VISAKHAPATNAM)
• Duration Of Justice: 4 month(s) 11 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 22-01-2010
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Assessment Year: 1998-1999
• Appeal Filed On: 10-09-2009
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: C V K PRASAD
• Assessee Lawyers: G S S GOPINATH

Judgement Text

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 MP NOS.40 & 41/VIZAG/2009 (ARISING OUT OF ITA NO.258/ & 259VIZAG/2004) ASSESSMENT YEAR: 1998-99 & 1999-2000 M/S SRI SATYANARAYANA SPINNING MILLS LTD., VENKATARAYAPURAM VS. ACIT, CIRCLE-1, ELURU (APPELLANT) (RESPONDENT) PAN NO.AARCS 1110 D APPELLANT BY: SHRI G.S.S. GOPINATH, DR RESPONDENT BY: SHRI C.V.K. PRASAD, ADVOCATE ORDER PER SHRI B R BASKARAN, ACCOUNTANT MEMBER : BY THIS PETITION THE ASSESSEE SEEKS RECALL OF ORDE R DATED 06-03-2009 PASSED BY THIS BENCH IN SO FAR AS IT RELATES TO THE ITA NOS.258 & 259/V/2004, ON THE GROUND THAT THE NON APPEARANCE ON THE DATE F IXED FOR HEARING WAS ON ACCOUNT OF SUFFICIENT CAUSE. 2. LD COUNSEL FOR THE ASSESSEE SUBMITTED THAT THE A SSESSEE SENT A PETITION SEEKING ADJOURNMENT OF THE CASE WAS FILED ONE DAY PRIOR TO THE DATE OF HEARING ON 29.1.2009. HENCE THE ASSESSEE DID NO T TAKE NOTE OF THE ADJOURNED DATE AND ACCORDINGLY COULD NOT APPEAR ON THE DATE OF HEARING. ACCORDINGLY, HE SUBMITTED THAT THE NON-APPEARANCE O N THE DATE OF HEARING WAS FOR SUFFICIENT CAUSE AND PRAYED FOR RECALL OF T HE ORDER. WE ALSO HEARD THE LD DR IN THIS REGARD. 3. IT IS TO BE NOTICED THAT IT IS THE RESPONSIBILITY OF THE ASSESSEE TO TAKE NOTE OF THE DATE OF HEARING. HAVING REGARD TO THE REASONS GIVEN BY THE ASSESSEE, IN OUR OPINION, THE REVENUE SHOULD BE COM PENSATED FOR THE PAGE 2 OF 2 INCONVENIENCE CAUSED TO THEM. ACCORDINGLY WE IMPOS E A COST OF RS.5,000/- UPON THE ASSESSEE, WHICH SHALL BE PAID INTO THE ACC OUNT IN WHICH THE TRIBUNAL FEE IS PAID. IN VIEW OF THE FOREGOING, IN EXERCISE OF POWERS VESTED IN US UNDER RULE 24 AND 25 OF THE APPELLATE TRIBUNAL RULE S, WE RECALL THE ORDER REFERRED SUPRA, SUBJECT TO THE PAYMENT OF COST STAT ED ABOVE. 4. THE MISCELLANEOUS PETITIONS ARE ACCORDINGLY ALLO WED AND THE REGISTRY IS DIRECTED TO POST BOTH THE APPEALS ON 09-03-2010. PRONOUNCED ACCORDINGLY ON 22-01-2010 SD/- SD/- (SUNIL KUMAR YADAV) (B R BASKARAN) JUDICIAL MEMBER ACCOUNTANT MEMBER PVV/SPS VISAKHAPATNAM, 22 ND JANUARY, 2010 COPY TO 1 M/S SRI SATYANARAYANA SPINNING MILLS LTD., VENKAT ARAYAPURAM, TANUKU, WEST GODAVARI DISTRICT 2 THE ACIT, CIRCLE-1, ELURU 3 THE CIT, RAJAHUMUDRY 4 THE CIT(A) RAJAHMUNDRY 5 THE DR, ITAT, VISAKHAPATNAM. 6 GUARD FILE. BY ORDER SENIOR PRIVATE SECRETARY INCOME TAX APPELLATE TRIBUNAL VISAKHAPATNAM