V Sujatha, Hyderabad, Hyderabad V. ITO, Ward-6(3), Hyd, Hyderabad

MA 82/HYD/2016

• Counselvise Citation: [2017] 124 COUNSELVISE.COM (IT) 5202 (ITAT-HYDERABAD)
• Duration Of Justice: 1 month(s) 29 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 17-01-2017
• Appeal Filed By: Assessee
• Bench Allotted: B
• Assessment Year: 2008-2009
• Appeal Filed On: 18-11-2016
• Court: TRIBUNAL
• Department Lawyers: U MINICHANDRAN
• Assessee Lawyers: M V ANIL KUMAR

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH B, HYDERABAD BEFORE SMT. P. MADHAVI DEVI, JUDICIAL MEMBER AND SHRI S. RIFAUR RAHMAN, ACCOUNTANT MEMBER M.A. NO. 82/HYD/2016 (IN ITA NO. 894/HYD/2016 ASSESSMENT YEAR: 2008-09) SMT SUJATHA VOLAM, HYDERABAD PAN AAVPV 9025F VS. INCOME-TAX OFFICER, WARD 6(3), HYDERABAD (APPLICANT) (RESPONDENT) ASSESSEE BY : SHRI M.V. ANIL KUMAR REVENUE BY : SMT U MINI CHANDRAN DATE OF HEARING : 23-12-2016 DATE OF PRONOUNCEMENT : 17-01-2017 ORDER PER P. MADHAVI DEVI, J.M.: THIS APPLICATION IS FILED BY THE ASSESSEE U/S 254( 2) OF THE ACT FOR RECALL OF THE ORDER OF THE TRIBUNAL DATED 2 1-10-2016 DISMISSING THE ASSESSEES APPEAL IN LIMINE FOR NON- APPEARANCE OF THE ASSESSEE ON THE DATE OF HEARING FIXED BY THE TRIBUNAL. 2. IN THIS APPLICATION THE ASSESSEE HAS SUBMITTED T HAT BY OVERSIGHT THE ASSESSEES COUNSEL HAD NOT APPEARED N OR DID HE SUBMIT A REQUEST FOR ADJOURNMENT ON THE DATE OF HEA RING, WHICH HAS RESULTED IN DISMISSAL OF THE APPEAL. IT IS SUBMITTED THAT THE ABSENCE OF THE COUNSEL WAS NOT DELIBERATE OR INTENTIONAL AND HENCE PRAYED FOR RECALL OF THE ORDE R. M.A NO.82/HYD/2016 SMT SUJATHA VOLAM, HYDERABAD. PAGE 2 OF 2 3. THE LD. DR WAS ALSO HEARD ON GOING THROUGH THE D OCKET ORDER OF THE APPEAL FILE, WE FIND THAT THE ASSESSEE HAD NOT APPEARED ON THE DATE OF HEARING I.E 17-10-2012 AND ALSO DID NOT RECTIFY THE DEFECTS POINTED OUT BY THE REGISTR Y OF TRIBUNAL DUE TO WHICH THE APPEAL WAS DISMISSED. WE ARE SATI SFIED WITH THE REASONS GIVEN BY THE ASSESSEE FOR NON APPEARANC E ON THE DATE OF HEARING. WE THEREFORE, RECALL THE ORDER OF DISMISSAL FOR NON-APPEARANCE OF THE ASSESSEE AND FIXED THE APPEAL FOR HEARING ON 13-03-2017. SINCE THE DATE OF HEARING IS ANNOUNCED IN THE OPEN COURT IN THE PRESENCE OF BOTH THE PART IES, NO NOTICE IS REQUIRED TO BE ISSUED TO THE PARTIES. ACCORDIN GLY, MA IS ALLOWED. 4. IN THE RESULT, THE MA IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 17 TH JANUARY, 2017. SD/- SD/- (S. RIFAUR RAHMAN) (P. MADHAVI D EVI) ACCOUNTANT MEMBER JUDICIAL MEMBER HYDERABAD, DATED: 17 TH JANUARY, 2017. KRK COPY TO:- 1).SMT V. SUJATHA C/O CA BELDI SRIDHAR., BELDI & AS SOCIATES CA, 6-3-609/195, ANAD NAGAR, KHAIRATABAD, HYD-0 4. 2. ITO, 6(3), HYDERABAD. 3) CIT(A)-9, HYDERABAD 4) PCIT-VI, HYDERBAD 5)THE DEPARTMENT REPRESENTATIVE, I.T.A.T., HYD. 6) GUARD FILE.