M/s. V.S.F. Projects Ltd.,HYd, Hyderabad V. DCIT, Circle-3(3), Hyderabad

MA 48/HYD/2012

• Counselvise Citation: [2012] 123 COUNSELVISE.COM (IT) 8035 (ITAT-HYDERABAD)
• Duration Of Justice: 1 month(s) 8 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 20-04-2012
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2006-2007
• Appeal Filed On: 12-03-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: M H NAYAK
• Assessee Lawyers: T CHAITANYA KUMAR

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH B, HYDERABAD BEFORE SHRI CHANDRA POOJARI, A.CCOUNTANT MEMBER AND SMT. ASHA VIJAYARAGHAVAN, JUDICIAL MEMBER M.A. NO. 48/HYD/2012 (IN ITA NO. 367/HYD/2011 ASSESSMENT YEAR : 2006-07) M/S V.S.F. PROJECTS LTD., APPELLANT HYDERABAD VS. DY. COMMISSIONER OF INCOME-TAX, RESPONDENT CIRCLE 3(3), HYDERABAD APPELLANT BY : MR. T. CHAITANYA KUMAR RESPONDENT BY : MR. M.H. NAYAK DATE OF HEARING : 20/04/2012 DATE OF PRONOUNCEMENT : 20 /04/2012 ORDER PER ASHA VIJAYARAGHAVAN, J.M.: THIS MISCELLANEOUS APPLICATION FILED BY THE ASSESSE E ARISES OUT OF THE ORDER OF ITAT B BENCH, HYDERABAD BENCHES, HYDERABAD, IN APPEAL ITA NO. 367/HYD/2006 DATED 23 RD JANUARY, 2012, WHICH WAS PASSED EX-PARTE BY THE ITAT. THE ASSESSEE IN TH E MA, BESIDES MENTIONING THE REASONS FOR NOT ATTENDING THE HEARIN G OF HIS CASE, REQUESTED THAT NON ATTENDANCE ON THE DATE OF HEARIN G WAS OUT OF INADVERTENCE AND NOT AS THE ASSESSEE WAS DISINTERES TED IN PROSECUTION OF APPEAL. 2. WE HAVE HEARD THE LEARNED COUNSEL OF THE ASSESSE E AND THE LEARNED DR IN THE MATTER. IN VIEW OF THE ABOVE THAT THE ASSESSEE IS INTERESTED IN PROSECUTING ITS APPEAL, THE ORDER OF THE ITAT (SUPRA) IS RECALLED. THE REGISTRY IS DIRECTED TO FIX THE APPE AL ON 31/07/2012 M.A. NO. 48/HYD/12 M/S VSF PROJECTS LTD. 2 FOR HEARING AND ADJUDICATING THE APPEAL ON MERITS, WHICH IS ANNOUNCED IN THE OPEN COURT. 3. IN THE RESULT, THE MISCELLANEOUS APPEAL FILED BY THE ASSESSEE IS ALLOWED AS INDICATED ABOVE. PRONOUNCED IN THE OPEN COURT ON THIS 20 TH DAY OF APRIL, 2012. SD/- SD/- (CHANDRA POOJARI) (ASHA VIJAYARAGH AVAN) ACCOUNTANT MEMBER JUDICIAL MEMBE R HYDERABAD, DATED: 20 TH APRIL, 2012. KV COPY TO:- 1) M/S VSF PROJECTS LTD., C/O SHRI S. RAMA RAO, ADVOCATE FLAT NO. 102, D.NO. 3-6-643 SHRIYAS ELEGANCE, ST. NO. 9, HIMAYATNAGAR, HYDERABAD 29. 2) DCIT, CIRCLE 3(3), HYD. 3) THE CIT (A)-IV, HYDERABAD 4) THE CIT, HYDERABAD 5) THE DEPARTMENTAL REPRESENTATIVE, B BENCH, I.T .A.T., HYDERABAD. BY ORDER //TRUE COPY// ASST. REGISTRAR, I.T.A.T., HYDERABAD