Minhajuddin Mohammed, Hyderabad, Hyderabad V. ITO, Ward-5(3), Hyderabad, Hyderabad

MA 83/Hyd/2019

• Counselvise Citation: [2019] 115 COUNSELVISE.COM (IT) 8629 (ITAT-HYDERABAD)
• Duration Of Justice: 7 month(s) 10 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 05-09-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB-A
• Assessment Year: 2012-2013
• Appeal Filed On: 25-01-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: KIRAN KATTA
• Assessee Lawyers: TEJ PRAKASH TOSHNIWAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES A, HYDERABAD BEFORE SMT. P. MADHAVI DEVI, JUDICIAL MEMBER AND SHRI S. RIFAUR RAHMAN, ACCOUNTANT MEMBER M.A. NO. 83/HYD/2019 (ARISING OUT OF ITA NO. 826/HYD/2017) ASSESSMENT YEAR: 2012-13 MINHAJUDDIN MOHAMMED, HYDERABAD [PAN: AQQPM6713Q] VS INCOME TAX OFFICER, WARD-5(3), HYDERABAD (APPLICANT) (RESPONDENT) FOR ASSESSEE : SHRI TEJ PRAKASH TOSHNIWAL, AR FOR REVENUE : SHRI KIRAN KATTA, DR DATE OF HEARING : 09-08-2019 DATE OF PRONOUNCEMENT : 05-09-2019 O R D E R PER SMT. P. MADHAVI DEVI, J.M. : THIS MISCELLANEOUS APPLICATION IS FILED BY THE ASSE SSEE, SEEKING RECALL OF THE ORDER OF THE TRIBUNAL DATED 28- 11-2018, DISMISSING THE ASSESSEES APPEAL IN LIMINE FOR NON-APPEARANCE OF ASSESSEE. IN THE MISCELLANEOUS APPLICATION, THE ASSE SSEE STATED THAT THE ASSESSEES COUNSEL WAS OUT OF STATION ON THE SAID DATE DUE TO WHICH THERE WAS NO REPRESENTATION BEFORE THE TRI BUNAL, WHICH RESULTED IN DISMISSAL OF THE APPEAL. AN AFFIDAV IT TO THIS EFFECT IS ALSO FILED. 2 M.A. NO. 83/HYD/2019 2. TAKING THE SAME INTO CONSIDERATION, WE ARE SATISFIED THAT THE NON-APPEARANCE BY THE ASSESSEE OR HIS COUNSEL ON THE DATE OF HEARING WAS NEITHER WILFUL NOR WANT BUT WAS FOR A REA SONABLE CAUSE. THEREFORE, IN ACCORDANCE WITH RULE 24 OF THE I TAT RULES, THE APPEAL IS RECALLED AND FIXED FOR HEARING ON 27-0 2-2020. AS THE DATE OF HEARING HAS BEEN ANNOUNCED IN THE OPEN COURT I N THE PRESENCE OF BOTH THE PARTIES, NO FRESH NOTICE NEED BE G IVEN SEPARATELY. 3. IN THE RESULT, THE MISCELLANEOUS APPLICATION IS ALLO WED. ORDER PRONOUNCED IN THE OPEN COURT ON 5 TH SEPTEMBER, 2019. SD/- SD/- (S. RIFAUR RAHMAN) (P. MADHAVI DEVI) ACCOUNTANT MEMBER JUDICIAL MEMB ER HYDERABAD, DATED 5 TH SEPTEMBER, 2019 TNMM COPY TO : 1. MINHAJUDDIN MOHAMMED, 4-4-779, K.S.LANE, SULTAN BAZAR, HYDERABAD. 2. THE INCOME TAX OFFICER, WARD-5(3), HYDERABAD. 3. THE CIT(APPEALS)-4, HYDERABAD. 4. THE PR.CIT-4, HYDERABAD. 5. D.R. ITAT, HYDERABAD. 6. GUARD FILE.