M/s Sree Satyanarayana Spinning Mills Ltd., Tanuku V. The ACIT, Range, Rajahmundry

MA 43/VIZ/2010

• Counselvise Citation: [2010] 119 COUNSELVISE.COM (IT) 3670 (ITAT-VISAKHAPATNAM)
• Duration Of Justice: 1 month(s) 12 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 30-04-2010
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Assessment Year: 2005-2006
• Appeal Filed On: 18-03-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: G S S GOPINATH
• Assessee Lawyers: V JAGADISAN

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 MA NO.43/VIZAG/2010 (ARISING OUT OF ITA 309/VIZAG/2008) ASSESSMENT YEAR: 2005-06 M/S SREE SATYANARAYANA SPINNING MILLS LTD., TANUKU VS. ACIT, RANGE, RAJAHMUNDRY (APPELLANT) (RESPONDENT) PAN NO: AAFCS 1110 D APPELLANT BY: SHRI V. JAGADISAN, CA RESPONDENT BY: SHRI G.S.S. GOPINATH, DR ORDER PER SHRI B R BASKARAN, ACCOUNTANT MEMBER: BY THIS PETITION THE ASSESSEE SEEKS RECALL OF ORDE R DATED 28 TH OCTOBER, 2009 PASSED BY THIS BENCH IN THE CASE CITED ABOVE. 2. IN THE PETITION THE ASSESSEE HAS SUBMITTED THAT A SSESSEES COUNSEL SENT AN ADJOURNMENT PETITION ON 12.8.2009 SEEKING A DJOURNMENT OF HEARING THAT WAS FIXED ON 19.8.2009. THEREAFTER THE ASSESS EE WAS UNDER THE IMPRESSION THAT IT WILL RECEIVE ANOTHER NOTICE OF H EARING AND HENCE IT WAS NOT AWARE OF THE HEARING FIXED ON 28.10.2009. ACCO RDINGLY THE ASSESSEE HAS SUBMITTED THAT THE NON-APPEARING ON THAT DATE W AS NOT INTENTIONAL AND ACCORDINGLY PRAYED FOR RECALL OF THE ORDER PASSED E X-PARTE, QUA THE ASSESSEE. WE HAVE ALSO HEARD THE LD DR IN THIS REG ARD. 3. HAVING REGARD TO THE SUBMISSIONS MADE BY TH E ASSESSEE, WE ARE OF THE VIEW THAT THE ASSESSEE HAD SUFFICIENT REASON FO R NON-APPEARANCE AND ACCORDINGLY WE RECALL THE ORDER CITED ABOVE. ACCOR DINGLY, THE REGISTRY IS DIRECTED TO POST THE CASE FOR HEARING ON 21-06-2010 . SINCE THE DATE OF PAGE 2 OF 2 HEARING HAS BEEN ANNOUNCED IN THE OPEN COURT IN THE PRESENCE OF PARTIES, BOTH THE PARTIES MAY NOTE THAT THE FORMAL NOTICE OF HEARING WILL NOT BE SENT TO THEM AGAIN. PRONOUNCED ACCORDINGLY IN THE OPEN COURT ON 23. 4.2010 SD/- SD/- (SUNIL KUMAR YADAV) (B R BASKARAN) JUDICIAL MEMBER ACCOUNTANT MEMBER PVV/SPS VISAKHAPATNAM, DATE:23.4.2010 COPY TO 1 M/S SREE SATYANARAYANA SPINNING MILLS LTD., 9-13, SRINIVASA TALKIES ROAD, VENKATARAYAPURAM, TANUKU, WEST GODAVARI DISTR ICT 2 THE ACIT, RANGE, RAJAHMUNDRY 3 THE CIT(A) RAJAHMUNDRY 4 THE CIT RAJAHMUNDRY 5 THE DR, ITAT, VISAKHAPATNAM. 6 GUARD FILE. BY ORDER SENIOR PRIVATE SECRETARY INCOME TAX APPELLATE TRIBUNAL VISAKHAPATNAM