Sri Venkateswara Prasad, Hyderabad V. DCIT, Circle-3(1), Hyderabad

MA 55/HYD/2012

• Counselvise Citation: [2012] 123 COUNSELVISE.COM (IT) 8066 (ITAT-HYDERABAD)
• Duration Of Justice: 3 month(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 18-05-2012
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: misc
• Appeal Filed On: 17-02-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: GANGADHAR
• Assessee Lawyers: P JITENDRA KUMAR

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH B, HYDERABAD BEFORE SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER AND SMT. ASHA VIJAYARAGHAVAN, JUDICIAL MEMBER M.A. NO. 55/HYD/2012 (IN C.O. NO. 43 & ITA NO. 808/HYD/2009 ASSESSMENT YEAR : 2005-06) VENKATESWARA PRASAD, APPLICANT NIDADAVOLU, HYDERABAD (PAN ABFPN7689G) VS. DY. COMMISSIONER OF INCOME TAX, RESPONDENT CIRCLE - 3(1), HYDERABAD. APPLICANT BY : MR. P. JITENDRA KUMAR RESPONDENT BY : MR. GANGADHAR PANDY DATE OF HEARING : 18/05/2012 DATE OF PRONOUNCEMENT : 18 /05/2012 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 C.O. NO. 43/HYD/2009 (IN ITA NO. 808/HYD/2011 DATED 31/10/2011, WHICH WAS PASSED EX-PARTE BY THE ITAT. THE ASSESSEE IN THE MA, BESIDES MENTIONING THE REASONS FOR NOT A TTENDING THE HEARING OF HIS CASE, REQUESTED THAT NON ATTENDANCE ON THE DATE OF HEARING WAS OUT OF INADVERTENCE AND NOT AS THE ASSE SSEE WAS DISINTERESTED IN PROSECUTION OF C.O. 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 C.O., THE ORDER OF TH E ITAT (SUPRA) IS RECALLED. THE REGISTRY IS DIRECTED TO FIX THE C.O. ON 21/08/2012 M.A. NO. 55/HYD/12 SRI V ENKATESWARA PRASAD 2 FOR HEARING AND ADJUDICATING THE C.O. ON MERITS, WH ICH 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 18TH DAY OF MA Y, 2012 UPON CONCLUSION OF HEARING. SD/- SD/- (CHANDRA POOJARI) (ASHA VIJAYARAGH AVAN) ACCOUNTANT MEMBER JUDICIAL MEMBE R HYDERABAD, DATED: 18 TH MAY, 2012. KV COPY TO:- 1) SRI VENKATESWARA PRASAD, C/O JBRK & CO., FLAT NO. 118, 5 TH FLOOR, MARUTHI COMPLEX, SOMAJIGUDA, HYDERABAD 500 082. 2) DCIT-CIRCLE 3(1), HYDERABAD. 3) THE CIT (A)-1V, HYDERABAD 4) THE CIT, HYDERABAD 5) THE DEPARTMENTAL REPRESENTATIVE, I.T.A.T., HYD ERABAD.