Visaka Industries Limited, Secunderabad V. Asst. Commissioner of Income Tax, Circle-3(3) (Present 17(2)), Hyderabad

MA 55/Hyd/2017

• Counselvise Citation: [2017] 124 COUNSELVISE.COM (IT) 5870 (ITAT-HYDERABAD)
• Duration Of Justice: 1 month(s) 6 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 02-11-2017
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2005-2006
• Appeal Filed On: 26-09-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: V SREEKAR
• Assessee Lawyers: M V ANIL KUMAR

Judgement Text

MA NO 55 OF 2017 VISAKA INDUSTRIES LTD SECUNDERABAD. PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD A BENCH, HYDERABAD BEFORE SMT. P. MADHAVI DEVI, JUDICIAL MEMBER AND SHRI B. RAMAKOTAIAH, ACCOUNTANT MEMBER M.A. NO.55/HYD/2017 (ARISING OUT OF ITA NO.736/HYD/2011) (ASSESSMENT YEAR: 2005-06) M/S. VISAKA INDUSTRIES LTD SECUNDERABAD PAN: AAACV 7263 K VS ACIT, CIRCLE 3 (3) HYDERABAD (APPELLANT) (RESPONDENT) FOR ASSESSEE : SHRI M.V. ANIL KUMAR FOR REVENUE : SHRI V. SREEKAR O R D E R PER SMT. P. MADHAVI DEVI, J.M. THIS APPLICATION IS FILED BY THE ASSESSEE SEEKING R ECALL OF THE ORDER OF THE TRIBUNAL DATED 26.04.2017 WHICH WAS DISMISSED FOR NON- RECTIFICATION OF THE MISTAKES PO INTED OUT BY THE TRIBUNAL. IT IS STATED IN THE APPLICATION THAT THE DEFECTS POINTED OUT BY THE TRIBUNAL ON 17.1.2017 WERE NOT RECTIFIED AS THE ASSESSEES COUNSEL WERE BUSY WITH QUARTERLY BANK AU DITING AND THE ASSESSEE WAS NOT INFORMED ABOUT THE MISTAKES PO INTED OUT BY THE TRIBUNAL. IT IS SUBMITTED THAT THE NON-RECTIFIC ATION OF THE DEFECTS POINTED OUT BY THE TRIBUNAL ON 17.01.2017 B EFORE 26.4.2017 WAS NOT INTENTIONAL BUT WAS DUE TO REASON S BEYOND THE CONTROL OF THE ASSESSEE. DATE OF HEARING: 13.10 . 2017 DATE OF PRONOUNCEMENT: 02.11.2017 MA NO 55 OF 2017 VISAKA INDUSTRIES LTD SECUNDERABAD. PAGE 2 OF 2 2. THE LEARNED DR WAS ALSO HEARD. 3. WE ARE SATISFIED WITH THE REASONS GIVEN BY THE A SSESSEE FOR NON-RECTIFICATION OF THE DEFECTS POINTED OUT BY THE TRIBUNAL AND SINCE THE DEFECTS HAVE BEEN RECTIFIED NOW, THE ORDE R OF THE TRIBUNAL DATED 26.04.2017 IS RECALLED AND THE APPEA L IS DIRECTED TO BE LISTED FOR HEARING ON 14.11.2017. AS THE DATE OF HEARING HAS BEEN ANNOUNCED IN THE OPEN COURT, NO FRESH NOTICE N EED BE GIVEN TO EITHER OF THE PARTIES. 4. IN THE RESULT, MISCELLANEOUS APPLICATION FILED B Y THE ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 2 ND NOVEMBER, 2017. SD/- SD/- (B. RAMAKOTAIAH) ACCOUNTANT MEMBER (P. MADHAVI DEVI) JUDICIAL MEMBER HYDERABAD, DATED 2 ND NOVEMBER, 2017. VINODAN/SPS COPY TO: 1 M/S. VISAKA INDUSTRIES LTD C/O. M. ANANDAM & CO. CAS, 7A SURYA TOWERS, SP ROAD, SECUNDERABAD 2 AC IT CIRCLE 3(3) HYDERABAD 3 CIT (A)-IV HYDERABAD 4 PR. CIT III HYDERABAD 5 THE DR, ITAT HYDERABAD 6 GUARD FILE BY ORDER