Ramky Infrastructure Ltd, Hyderabad V. Addl.CIT, Range-3, Hyderabad

MA 66/HYD/2012

• Counselvise Citation: [2012] 123 COUNSELVISE.COM (IT) 8662 (ITAT-HYDERABAD)
• Duration Of Justice: 1 month(s) 21 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 08-06-2012
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2008-2009
• Appeal Filed On: 17-04-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: PHANI RAJU
• Keywords: Reasonable cause

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. 66/HYD/2012 IN ITA NO. 1668/HYD/2011 ASSESSMENT YEAR 2008-09 M/S. RAMKY INFRAS TRUCTURE LTD., HYDERABAD PAN: AAACR9627B VS. ADDL. CIT RANGE-3 HYDERABAD APPELLANT RESPONDENT APPELLANT BY: SHRI SAMUEL NAGADESI RESPONDENT BY: SHRI PHANI RAJU DATE OF HEARING: 08. 0 6 .2012 DATE OF PRONOUNCEMENT: 08.06.2012 O R D E R PER CHANDRA POOJARI, AM: BY THIS MISCELLANEOUS APPLICATION, THE ASSESSEE SEE KS RECALL OF THE EX-PARTE ORDER OF THE TRIBUNAL DATED 24.1.20 12 IN ITA NO. 1668/HYD/2011 FOR ASSESSMENT YEAR 2008-09. 2. THE LEARNED AR SUBMITTED THAT IT IS NEVER THE INTEN TION OF THE ASSESSEE TO FOREGO THE PROSECUTION OF ITS APPEA L AND IT IS ONLY THE AR WHO IS SUPPOSED TO APPEAR BEFORE THE BENCH W AS PREVENTED BY JUST AND REASONABLE CAUSE AND THEREBY COULD NOT APPEAR BEFORE THE BENCH ON THE SCHEDULED DATE OF HEARING OF ASSES SEE'S APPEAL. ACCORDINGLY, THE AR REQUESTED THE TRIBUNAL TO RECAL L THE EX-PARTE ORDER OF THE TRIBUNAL DATED 24.1.2012 IN ITA NO. 16 68/HYD/2011 AND ONE MORE OPPORTUNITY MAY BE GIVEN TO THE ASSESS EE FOR CONTESTING ITS CASE ON MERIT. 3. THE LEARNED DR DOES NOT HAVE ANY SERIOUS OBJECTION FOR RECALLING THE EX-PARTE ORDER OF THE TRIBUNAL. MA NO. 66 / HYD/2012 M/S. RAMKY INFRASTRUCTURE LTD. ====================== 2 4. WE HAVE HEARD BOTH THE PARTIES AND PERUSED THE MATE RIAL ON RECORD AS ALSO THE MISCELLANEOUS APPLICATION FILED BY THE ASSESSEE. WE UNDERSTAND THE ASSESSEE WAS PREVENTED BY A REASO NABLE CAUSE IN APPEARING BEFORE THE TRIBUNAL ON THE SCHEDULED D ATE OF HEARING. ACCORDINGLY, THE EX-PARTE ORDER OF THE TRIBUNAL DAT ED 24.1.2012 IN ITA NO. 1668/HYD/2011 IS HEREBY RECALLED AND THE AP PEAL IS RESTORED ON THE FILE OF THE TRIBUNAL. NOW THE APPE AL WILL BE HEARD ON 12.9.2012. AS THE DATE OF HEARING IS ANNOUNCED IN THE OPEN COURT, NO SEPARATE NOTICE OF HEARING SHALL BE SENT TO BOTH THE PARTIES AND THIS ORDER ITSELF WILL SERVE AS A NOTIC E OF HEARING. 5. IN THE RESULT, THE MA OF THE ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 8 TH JUNE, 2012. SD/ - (ASHA VIJAYARAGHAVAN) JUDICIAL MEMBER SD/ - (CHANDRA POOJARI) ACCOUNTANT MEMBER HYDERABAD, DATED THE 8 TH JUNE, 2012 COPY FORWARDED TO: 1. M/S. RAMKY INFRASTRUCTURE LTD., C/O. SHRI SAMUEL NA GADESI, CHARTERED ACCOUNTANT, 302, GOLDEN GREEN APARTMENTS, ERRAM MANZIL COLONY, PUNJAGUTTA, HYDERABAD-500 082. 2. THE ADDL. CIT, RANGE-3, HYDERABAD. 3. THE CIT(A)-IV, HYDERABAD. 4. THE CIT-III, HYDERABAD 5. THE DR B BENCH, ITAT, HYDERABAD. TPRAO