Sri Putta Gank Raju & Co., Mandapeta V. The Commissioner of Income Tax, Rajahmundry

MA 83/VIZ/2010

• Counselvise Citation: [2010] 123 COUNSELVISE.COM (IT) 5040 (ITAT-VISAKHAPATNAM)
• Duration Of Justice: 1 month(s) 4 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 02-08-2010
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Assessment Year: 2006-2007
• Appeal Filed On: 28-06-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: D S SUNDER SINGH
• Assessee Lawyers: P PRABHAKARA MURTHY ADOVCATE

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.83/VIZAG/2010 (ARISING OUT OF ITA NO.550/VIZAG/2008) ASSESSMENT YEAR: 2006-07 M/S. PUTTA GANI RAJU & CO. MANDAPETA CIT RAJAHMUNDRY (APPELLANT) VS. (RESPONDENT) PAN NO.AAGFP 8394N APPELLANT BY: SHRI P. PRABHAKARA MURTHY, ADOVCATE RESPONDENT BY: SHRI D.S. SUNDER SINGH, DR ORDER PER SHRI S.K. YADAV, JUDICIAL MEMBER: BY THIS PETITION THE ASSESSEE SEEKS RECALL OF ORDE R DATED 23.12.2009 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. THE ASSESSEE SUBMITTED THAT DUE TO NON-AVAILABIL ITY OF ITS COUNSEL ON ACCOUNT OF ILLNESS ON THE DATE OF HEARING, THE AUTH ORIZED REPRESENTATIVE OF THE PETITIONER COULD NOT PURSUE THE MATTER EFFECTIVELY BY ASCERTAINING AND FOLLOWING UP THE NEXT DATE OF HEARING. 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 13.09.2010. SINCE T HE 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 2.8.2010. SD/- SD/- (B R BASKARAN) (SUNIL KUMAR YADAV) ACCOUNTANT MEMBER JUDICIAL MEMBER VG/SPS VISAKHAPATNAM, DATED 02 ND AUGUST, 2010. COPY TO 1 M/S. PUTTA GANI RAJU & CO., K.P. ROAD, MAREDUBAK A VILLAGE, MANDAPETA. 2 THE CIT, RAJAHMUNDRY 3 CIT(A), RAJAHMUNDRY 4 THE DR, ITAT, VISAKHAPATNAM. 5 GUARD FILE. BY ORDER SENIOR PRIVATE SECRETARY INCOME TAX APPELLATE TRIBUNAL VISAKHAPATNAM