Mr. Abdul Aziz Pirani, Hyd, Hyderabad V. Income Tax Officer, Ward-5(3), Hyderabad

MA 49/HYD/2012

• Counselvise Citation: [2012] 123 COUNSELVISE.COM (IT) 8044 (ITAT-HYDERABAD)
• Duration Of Justice: 1 month(s) 14 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 26-04-2012
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2006-2007
• Appeal Filed On: 12-03-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: K VISHWANATHAN
• Assessee Lawyers: D BALAJI

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH A, HYDERABAD BEFORE SHRI CHANDRA POOJARI, A.CCOUNTANT MEMBER AND SMT. ASHA VIJAYARAGHAVAN, JUDICIAL MEMBER M.A. NO. 49/HYD/2012 (IN ITA NO. 1235/HYD/2011 ASSESSMENT YEAR : 2006-07) ABDUP AZIZ PIRANI, APPELLANT HYDERABAD (PAN AIFPP4310B) VS. INCOME TAX OFFICER, RESPONDENT WARD 5(3), HYDERABAD APPELLANT BY : MR. D. BALAJI RESPONDENT BY : MR. K. VISHWANATHAN 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 A BENCH, HYDERABAD BENCHES, HYDERABAD, IN APPEAL ITA NO. 1235/HYD/2011 DATED 10 TH OCTOBER, 2011, 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 M.A. NO. 48/HYD/12 M/S VSF PROJECTS LTD. 2 RECALLED. THE REGISTRY IS DIRECTED TO FIX THE APPE AL ON 31/07/2012 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) ABDUL AZIZ PIRANI, 5-9-512, FLAT NO.7, POONAM APARTMENTS, JAGADISH MARKET, CA LANE, HYDERABAD 2) ITO, WARD 5(3), HYD. 3) THE CIT (A)-V, HYDERABAD 4) THE CIT, HYDERABAD 5) THE DEPARTMENTAL REPRESENTATIVE, A BENCH, I.T .A.T., HYDERABAD. BY ORDER //TRUE COPY// ASST. REGISTRAR, I.T.A.T., HYDERABAD