Anjali Dhiraj Abhyankar, Mumbai V. Income Tax Officer, Ward-12(1) , Hyderabad

MA 69/Hyd/2017

• Counselvise Citation: [2017] 123 COUNSELVISE.COM (IT) 5620 (ITAT-HYDERABAD)
• Duration Of Justice: 1 month(s) 7 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 15-12-2017
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Next Hearing Date: 29-01-2018
• Assessment Year: 2011-2012
• Appeal Filed On: 08-11-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: M MINI CHANDRAN
• Assessee Lawyers: T CHAITANYA KUMAR

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES A : HYDERABAD BEFORE SHRI D. MANMOHAN, VICE PRESIDENT AND SHRI S. RIFAUR RAHMAN, ACCOUNTANT MEMBER MA NO.69/HYD/2017 (ARISING OUT OF ITA.NO. 274/HYD/2017) ASSESSMENT YEAR : 2011 - 2012 SMT. ANJALI DHIRAJ ABHYANKAR, MUMBAI. PAN: AFKPA 5749 M VS. ITO, WARD - 12(1), HYDERABAD. (APPELLANT) (RESPONDENT) FOR ASSESSEE: SHRI T. CHAITANYA KUMAR FOR REVENUE : SMT M. MINI CHANDRAN, DR DATE OF HEARING : 15.12.2017 DATE OF PRONOUNCEMENT : 15.12.2017 ORDER PER D. MANMOHAN , VP. BY THIS APPLICATION THE ASSESSEE SEEKS RECALL OF THE EX - PARTE ORDER DATED 01.06.2017. IN THE PETITION IT WAS MENTIONED THAT THE NOTICE WAS NOT SERVED UPON THE ASSESSEE AT THE ADDRESS GIVEN IN FORM NO.36 ON ACCOUNT OF CHANGE OF ADDRESS OF THE ASSESSEES COUNSEL, WHOSE ADDRESS WAS GIVEN IN FORM NO.36. LD COUNSEL FOR THE ASSESSEE UNDERTAKES TO FILE A FRESH FORM NO.36 GIVING THE ADDRESS OF THE ASSESSEE IN FORM NO.36, APART FROM ADDRESS OF THE COUNSEL, IF ANY. 2. WE HAVE HEARD THE L D DEPARTMENTAL REPRESENTATIVE ALSO IN THIS REGARD. HAVING REGARD TO THE CIRCUMSTANCES OF THE CASE, WE ARE OF THE OPINION THAT IT IS A FIT CASE FOR RECALL OF THE ORDER DATED 01.0 6 .2017, IN EXERCISE OF THE POWERS VESTED IN US UNDER RULE 2 4 OF THE INCOME TAX RULES, 1962. WE DIRECT THE REGISTRY TO POST THE APPEAL FOR FINAL HEARING 2 ON 29.01.2018. SINCE THE DATE OF POSTING OF THE APPEAL IS ANNOUNCED IN THE OPEN COURT, NOTICE TO THE PARTIES IS DISPENSED WITH. 3. IN THE RESULT, MA FILED BY ASS ESSEE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 15 TH DECEMBER, 2017. S D / - S D / - (S. RIFAUR RAHMAN) (D. MANMOHAN) ACCOUNTANT MEMBER VICE PRESIDENT HYDERABAD, DATED: 15.12. 2017 OKK, SR.PS COPY TO 1. SMT. ANJALI DH IRAJ ABHYANKAR, JAI PRAKASH GOYAL & CO., CHARTERED ACCOUNTANTS, 201 - 202# 8 - 4 - 548/1, 2 ND LEFT AFTER GOKUL THEATRE, ERRAGADDA, HYDERABAD - 500018. 2. INCOME TAX OFFICER, WARD - 12(1), HYDERABAD. 3. CIT(A) - 1, HYDERABAD. 4. PR. CIT - 1 , HYDERABAD. 5. D.R. ITAT A BENCH, HYDERABAD. 6. GUARD FILE