M/s Swamy Dayananda Educational Society, Kakinada, Hyderabad V. The Commissioner Of Income Tax, Rajahmundry

MA 68/VIZ/2010

• Counselvise Citation: [2010] 123 COUNSELVISE.COM (IT) 4717 (ITAT-VISAKHAPATNAM)
• Duration Of Justice: 28 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 25-06-2010
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Assessment Year: misc
• Appeal Filed On: 28-05-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: G S S GOPINATH
• Assessee Lawyers: C P RAMASWAMI

Judgement Text

PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL VISAKHAPATNAM BENCH, VISAKHAPATNAM BEFORE: SHRI SUNIL KUMAR YADAV, JUDICIAL MEMBER AND SHRI BR BASKARAN, ACCOUNTANT MEMBER M.A. NO.68/VIZAG/2010 (ARISING OUT OF ITA NO.532/VIZAG/2009) ASSESSMENT YEAR: N.A. M/S. SWAMY DAYANANDA EDUCATIONAL SOCIETY KAKINADA CIT, RAJAHMUNDRY (APPELLANT) VS. (RESPONDENT) PAN NO.AAAETS 5646L APPELLANT BY: SHRI C.P. RAMASWAMI, ADVOCATE RESPONDENT BY: SHRI G.S.S. GOPINATH, DR ORDER PER SHRI S.K. YADAV, JUDICIAL MEMBER : BY THIS PETITION THE ASSESSEE SEEKS RECALL OF ORDE R DATED 23.3.2010 PASSED BY THIS BENCH ON THE GROUND THAT THE NON APP EARANCE ON THE DATE FIXED FOR HEARING WAS ON ACCOUNT OF SUFFICIENT CAUS E. 2. LD COUNSEL FOR THE ASSESSEE SUBMITTED THAT THE A DVOCATE FOR THE APPELLANT WAS HELD UP BY URGENT PROFESSIONAL WORK I N THE HONBLE HIGH COURT OF ANDHRA PRADESH AND CONSEQUENTLY COULD NOT ATTEND THE HEARING BEFORE THE HONBLE ITAT, VISAKHAPATNAM BENCH. ACCORDINGLY, HE SUBMITTED THAT THE NON-APPEARANCE ON THE DATE OF HEARING WAS FOR SUFFI CIENT CAUSE AND PRAYED FOR RECALL OF THE ORDER. WE ALSO HEARD THE LD. DR IN THIS REGARD. 3. HAVING REGARD TO THE REASONS GIVEN BY THE ASSESS EE AND IN EXERCISE OF POWERS VESTED IN US UNDER RULE 24 AND 25 OF THE APP ELLATE TRIBUNAL RULES, WE RECALL THE ORDER REFERRED SUPRA. PAGE 2 OF 2 4. THE MISCELLANEOUS PETITION IS ACCORDINGLY ALLOWE D AND THE REGISTRY IS DIRECTED TO POST THE APPEAL ON 25.8.2010. SINCE TH E DATE OF HEARING IS ANNOUNCED IN THE OPEN COURT IN THE PRESENCE OF THE PARTIES, BOTH THE PARTIES MAY NOTE THAT FORMAL NOTICE OF HEARING WILL NOT BE SENT TO THEM. PRONOUNCED ACCORDINGLY ON 25.6.2010. SD/- SD/- (B R BASKARAN) (SUNIL KUMAR YADAV) ACCOUNTANT MEMBER JUDICIAL MEMBER VG/SPS VISAKHAPATNAM, DATED 25 TH JUNE, 2010. COPY TO 1 SWAMY DAYANANDA EDUCATIONAL SOCIETY, D.NO.2/514, RAMANAYYA PETA, PITHAPURAM ROAD, KAKINADA-5. 2 CIT, RAJAHMUNDRY 3 CIT(A), RAJAHMUNDRY 4 THE DR, ITAT, VISAKHAPATNAM. 5 GUARD FILE. BY ORDER SENIOR PRIVATE SECRETARY INCOME TAX APPELLATE TRIBUNAL VISAKHAPATNAM