Shri Ravi Teja Restaurant & Resorts Private Limited, Hyderabad V. Dy.CIT, Central Circle-3(1), Hyderabad

MA 6/HYD/2013

• Counselvise Citation: [2013] 123 COUNSELVISE.COM (IT) 9837 (ITAT-HYDERABAD)
• Duration Of Justice: 25 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 18-01-2013
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: misc
• Appeal Filed On: 24-12-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: PHANI RAJU
• Assessee Lawyers: RAVI SESHAGIRI RAO

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. 06/HYD/2013 (IN IT(SS)A NO. 09/HYD/2012 BLOCK PERIOD: 01/04/1996 TO 04/07/2002) SHRI RAVI TEJA RESTAURANT & RESORTS PVT LTD., APP LICANT HYDERABAD. (PAN AAAECS6149R) VS. DY. COMMISSIONER OF INCOME-TAX, RESPONDENT CIRCLE 3(1), HYDERABAD. APPLICANT BY : SHRI RAVI SESHAGIRI RAO RESPONDENT BY : SHRI PHANI RAJU DATE OF HEARING : 18/01/2013 DATE OF PRONOUNCEMENT : 18 /01/2013 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 IT(SS)A NO. 09/HYD/2012 DATED 06/12/2012, WH ICH WAS PASSED EX-PARTE BY THE ITAT. THE ASSESSEE IN THE 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 06/05/2013 MA NO.06 /HYD/13 SHRI RAVI TEJA RESTAURANT & RESORTS PVT. 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 18/01/2013. SD/- SD/- (CHANDRA POOJARI) (ASHA VIJAYARAGH AVAN) ACCOUNTANT MEMBER JUDICIAL MEMBE R HYDERABAD, DATED: 18/01/2013. KV COPY TO:- 1) SHRI RAVI TEJA RESTAURANT & RESORTS PVT. LTD., 8-2- 602/E, ROAD NO. 10, BANJARA HILLS, HYDERABAD 2) DCIT-CIRCLE 3(1), HYDERABAD 3) CIT(A)-IV, HYDERABAD. 4) CIT-III, HYDERABAD. 5) THE DEPARTMENTAL REPRESENTATIVE, I.T.A.T., H YDERABAD.