The Sirpur Paper Mills Limited, Hyderabad V. Deputy Commissioner of Income Tax, Circle-2(3), Hyderabad

MA 64/Hyd/2017

• Counselvise Citation: [2017] 123 COUNSELVISE.COM (IT) 5547 (ITAT-HYDERABAD)
• Duration Of Justice: 14 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 27-10-2017
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: B
• Assessment Year: misc
• Appeal Filed On: 13-10-2017
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: N SWAPNA
• Assessee Lawyers: G MURALI KRISHNA M URTHY

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES B: HYDERABAD BEFORE SHRI D. MANMOHAN, VICE PRESIDENT AND SHRI S. RIFAUR RAHMAN, ACCOUNTANT MEMBER M.A. NO.63/HYD/2017 (ARISING OUT OF ITA NO. 588/HYD/2016) (A.Y. 2008 - 09) M.A. NO.64/HYD/2017 (ARISING OUT OF ITA NO. 735/HYD/2016) (A.Y. 1979 - 80) M/S. SIRPUR PAPER MILLS LTD., HYDERABAD. PAN: AAACT 7970 R VS. DCIT, CIRCLE - 2(3), HYDERABAD. (APPELLANT) (RESPONDENT) FOR ASSESSEE: SHRI G. MURALI KRISHNA MURTHY FOR REVENUE : SMT. N. SWAPNA, DR DATE OF HEARING : 27.10.2017 DATE OF PRONOUNCEMENT : 27.10.2017 ORDER PER D. MANMOHAN, VP: BY THESE MISCELLANEOUS APPLICATIONS ASSESSEE SEEKS RECALL OF THE EX - PARTE ORDER S PASSED BY THE TRIBUNAL ON THE GROUND THAT THE ASSESSEE - COMPANY HAS BECOME SICK AND THE ONLY PERSON, WHO WAS INCHARGE OF THE ASSESSEE - COMPANY AND AUTHORIZED TO LOOK AFTER THE TAX MATTERS, WAS NOT AWARE OF THE PROCEDURE BEING FOLLOWED BY THE TRIBUNAL AND HENCE NEITHER THE SENIOR COUNSEL NOR HE COUL D ATTEND ON THE DATE FIXED FOR HEARING. NOW SHRI G. MURALI KRISHNA MURTHY, CHARTERED ACCOUNTANT , APPEARED ON BEHALF OF ASSESSEE - COMPANY AND HE HAS UNDERTAKEN TO FOLLOW UP THE MATTER. HAVING REGARD TO THE CIRCUMSTANCES OF THE CASE, WE RECALL THE ORDER PASSED BY THE TRIBUNAL UNDER RULE 24 OF THE INCOME TAX APPELLATE TRIBUNAL RULES, 1962 AND DIRECT THE REGISTRY TO POST THE APPEALS FOR FINAL HEARING ON 21.12.2017 . S INCE THE DATE IS PRONOUNCED IN THE OPEN COURT, THE PROCEDURE OF ISSUING NOTICE BY REGISTRY IS DISPENSED WITH. 2. IN THE RESULT, AS PRONOUNCED IN THE OPEN COURT , MAS ARE ALLOWED FOR STATISTICAL PURPOSES. SD/ - SD/ - (S. RIFAUR RAHMAN ) (D. MANMOHAN) ACCOUNTANT MEMBER VICE PRESIDENT HYDERABAD, DATED: 27 TH OCTOBER , 2017 OKK, SR.PS COPY TO 1. M/S. THE SIRPUR PAPER MILLS LTD., 5 - 9 - 22/1/1, 1 ST FLOOR, ADARSH NAGAR, OPP: NEW MLA QUARTERS GATE, HYDERABAD. 2. DCIT, CIRCLE - 2(3), HYDERABAD. 3. CIT(A) - 9, HYDERABAD. 4. PR. CIT - 2 , HYDERABAD . 5. D.R. ITAT , HYDERABAD. 6. GUARD FILE