M/s. Shri Raviteja Restaurants and Resorts Pvt.Ltd., Hyd, Hyderabad V. ACIT, Circle-3(1), Hyderabad

MA 47/HYD/2012

• Counselvise Citation: [2012] 123 COUNSELVISE.COM (IT) 8668 (ITAT-HYDERABAD)
• Duration Of Justice: 2 month(s) 30 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 08-06-2012
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2008-2009
• Appeal Filed On: 09-03-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: NIVEDITA BISWAS
• Assessee Lawyers: K VEERRAJU
• Keywords: Reasonable cause

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH A', HYDERABAD BEFORE SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER AND SMT. ASHA VIJAYARAGHAVAN, JUDICIAL MEMBER M.A. NO. 47/HYD/2012 IN ITA NO. 1800/HYD/2011 ASSESSMENT YEAR 2008-09 M/S. SHRI RAVITEJA RESTAURANTS & RESORTS P. LTD., HYDERABAD PAN: AAECS6149R VS. THE ACIT CIRCLE-3(1) HYDERABAD APPELLANT RESPONDENT APPELLANT BY: SHRI K. VEERRAJU RESPONDENT BY: SMT. NIVEDITA BISWAS DATE OF HEARING: 08. 0 6 .2012 DATE OF PRONOUNCEMENT: 08.06.2012 O R D E R PER ASHA VIJAYARAGHAVAN, JM: BY THIS MISCELLANEOUS APPLICATION, THE ASSESSEE SEE KS RECALL OF THE EX-PARTE ORDER OF THE TRIBUNAL DATED 10.2.20 12 IN ITA NO. 1800/HYD/2011 FOR ASSESSMENT YEAR 2008-09. 2. THE LEARNED COUNSEL FOR THE ASSESSEE SUBMITTED THAT FOR THE SCHEDULED DATE OF HEARING ON 2.2.2012 THE ASSESSEE SOUGHT ADJOURNMENT OF HEARING VIDE ITS LETTER DATED 30.1.2 012 BUT THE TRIBUNAL REJECTED THE ADJOURNMENT PETITION AND DECI DED THE CASE AS PER MATERIAL AVAILABLE ON RECORD. THE COUNSEL F OR THE ASSESSEE SUBMITTED THAT THE QUANTUM APPEAL OF THE ASSESSEE I NVOLVES LEGAL AND FACTUAL ADJUDICATIONS AND DISPOSAL OF THE APPEA L BY THE TRIBUNAL BASED ON THE MATERIAL AVAILABLE ON RECORD WOULD CAUSE GREAT HARDSHIP TO THE ASSESSEE. HE SUBMITTED THAT THE ASSESSEE WAS PREVENTED BY REASONABLE CAUSE AND THE ASSESSEE IS VERY MUCH INTERESTED IN PROSECUTING ITS APPEAL. THE LEARNED COUNSEL FOR THE ASSESSEE PRAYED THAT ONE MORE OPPORTUNITY MAY BE PR OVIDED TO THE MA NO. 47 / HYD/2012 M/S. SHRI RAVITEJA RESTAURANTS & RESORTS PVT. LTD. ======================= 2 ASSESSEE TO CONTEST ITS CASE ON MERIT IN THE INTERE ST OF JUSTICE AND FAIR PLAY. 3. THE LEARNED DR DOES NOT HAVE ANY SERIOUS OBJECTION FOR RECALLING THE EX-PARTE ORDER OF THE TRIBUNAL. 4. WE HAVE HEARD BOTH THE PARTIES AND PERUSED THE MATE RIAL ON RECORD AS ALSO THE MISCELLANEOUS APPLICATION FILED BY THE ASSESSEE. WE UNDERSTAND THE ASSESSEE WAS PREVENTED BY A REASO NABLE CAUSE IN APPEARING BEFORE THE TRIBUNAL ON THE SCHEDULED D ATE OF HEARING. MOREOVER, GIVING ONE MORE OPPORTUNITY TO THE ASSESS EE DOES NOT PREJUDICE THE INTEREST OF THE REVENUE. ACCORDINGLY , THE EX-PARTE ORDER OF THE TRIBUNAL DATED 10.2.2012 IN ITA NO. 18 00/HYD/2011 IS HEREBY RECALLED AND THE APPEAL IS RESTORED ON TH E FILE OF THE TRIBUNAL. NOW THE APPEAL WILL BE HEARD ON 29.8.201 2. AS THE DATE OF HEARING IS ANNOUNCED IN THE OPEN COURT, NO SEPAR ATE NOTICE OF HEARING SHALL BE SENT TO BOTH THE PARTIES AND THIS ORDER ITSELF WILL SERVE AS A NOTICE OF HEARING. 5. IN THE RESULT, THE MA OF THE ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 8 TH JUNE, 2012. SD/ - (CHANDRA POOJARI) ACCOUNTANT MEMBER SD/ - (ASHA VIJAYARAGHAVAN) JUDICIAL MEMBER HYDERABAD, DATED THE 8 TH JUNE, 2012 COPY FORWARDED TO: 1. SHRI RAVITEJA RESTAURANTS & RESORTS PVT. LTD., 8-2- 602/E, CHARAN PAHADI, ROAD NO. 10, BANJARA HILLS, HYDERABA D-34. 2. THE ACIT, CIRCLE-3(1), HYDERABAD. 3. THE CIT(A)-IV, HYDERABAD. 4. THE CIT-III, HYDERABAD 5. THE DR A BENCH, ITAT, HYDERABAD. TPRAO