Myneni Rajeswari, Visakhapatnam V. THE ITO, Visakhapatnam

MA 68/VIZ/2017

• Counselvise Citation: [2017] 123 COUNSELVISE.COM (IT) 5588 (ITAT-VISAKHAPATNAM)
• Duration Of Justice: 28 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 17-11-2017
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2008-2009
• Appeal Filed On: 20-10-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: M K SETHI

Judgement Text

MP NO.68/VIZAG/2017 MYNENI RAJESWARI, PROP M/S. JAYANTHI RESIDENCY, VSK P 1 , , IN THE INCOME TAX APPELLATE TRIBUNAL, VISAKHAPATNAM BENCH, VISAKHAPATNAM . , . . ' , % BEFORE SHRI V. DURGA RAO, JUDICIAL MEMBER & SHRI D.S. SUNDER SINGH, ACCOUNTANT MEMBER M.P. NO.68/VIZAG/2017 (ARISING OUT OF I.T.A.NO.129/VIZAG/2015) ( / ASSESSMENT YEAR: 2008-09) MYNENI RAJESWARI, PROP. M/S. JAYANTHI RESIDENCY VISAKHAPATNAM ITO, WARD - 5(2), VISAKHAPATNAM [PAN NO. AJJPM4483D ] ( ' / APPELLANT) ( ()' / RESPONDENT) / APPELLANT BY : SHRI G.V.N. HARI, AR / RESPONDENT BY : SHRI M.K. SETHI, DR / DATE OF HEARING : 17.11.2017 / DATE OF PRONOUNCEMENT : 17.11.2017 / O R D E R PER V. DURGA RAO, JUDICIAL MEMBER: THE ASSESSEE HAS FILED THE MISCELLANEOUS PETITION AGAINST ITA NO.129/VIZAG/2016, WHICH WAS DECIDED EX-PARTE BY TH IS TRIBUNAL ON 14.6.2017 DUE TO NON-APPEARANCE OF THE ASSESSEE ON THE DATE OF MP NO.68/VIZAG/2017 MYNENI RAJESWARI, PROP M/S. JAYANTHI RESIDENCY, VSK P 2 HEARING INSPITE OF SEVERAL OPPORTUNITIES GIVEN TO T HE ASSESSEE FOR HEARING. 2. IN THIS CASE, EVEN THOUGH ASSESSEE WAS GIVEN SUF FICIENT OPPORTUNITY OF HEARING, NONE APPEARED BEFORE THE TR IBUNAL ON THE DATE OF HEARING AND HENCE THE APPEAL WAS DISMISSED. HOW EVER, ASSESSEE HAS FILED THIS MISCELLANEOUS PETITION SEEKING TO RECALL THE ORDER PASSED ON 14.6.2017 SUBMITTING SUFFICIENT REASON FOR NON APPE ARANCE BEFORE THE TRIBUNAL ON THE DATE OF HEARING AND REQUESTED TO DE CIDE THE ISSUE ON MERITS. 3. ON THE OTHER HAND, THE LD. D.R. HAS NOT OBJECTE D FOR RECALLING THE ORDER. 4. WE HAVE HEARD BOTH THE PARTIES, PERUSED THE MATER IALS AVAILABLE ON RECORD AND SATISFIED THAT THERE IS SUFFICIENT RE ASON FOR NON APPEARANCE BY THE ASSESSEE ON THE DATE OF HEARING. ACCORDINGLY, WE RECALL THE ORDER AND FIX THE HEARING ON 25.01.20 18. SINCE THE DATE OF HEARING IS ANNOUNCED IN THE OPEN COURT IN THE PRESE NCE OF BOTH THE PARTIES, NO SEPARATE NOTICE WILL BE ISSUED FROM THE REGISTRY. MP NO.68/VIZAG/2017 MYNENI RAJESWARI, PROP M/S. JAYANTHI RESIDENCY, VSK P 3 5. IN THE RESULT, THE MISCELLANEOUS PETITION FILED BY THE ASSESSEE IS ALLOWED. THE ABOVE ORDER WAS PRONOUNCED IN THE OPEN COURT ON 17 TH NOV17. SD/- SD/- ( . . ' ) ( . ) (D.S. SUNDER SINGH) (V. DURGA RAO) /ACCOUNTANT MEMBER /JUDICIAL MEMBER ! /VISAKHAPATNAM: % /DATED : 17.11.2017 VG/SPS )! *! /COPY OF THE ORDER FORWARDED TO:- 1. / THE APPELLANT SMT. MYNENI RAJESWARI, PROP: M/S . JAYANTHI RESIDENCY, 24-111-41, CHINA GANTYADA, OLD GAJUWAKA, VISAKHAPAT NAM 2. / THE RESPONDENT THE ITO, WARD-5(2), VISAKHAPANA M 3. + / THE CIT-2, VISAKHAPATNAM 4. + ( ) / THE CIT (A), VISAKHAPATNAM 5. ! . , . , ! / DR, ITAT, VISAKHAPATNAM 6 . / GUARD FILE / BY ORDER // TRUE COPY // SR. PRIVATE SECRETARY ITAT, VISAKHAPATNAM