Pasala Nagaveni, Tadepalligudem V. The DCIT, Kakinada

MA 83/VIZ/2017

• Counselvise Citation: [2018] 124 COUNSELVISE.COM (IT) 6129 (ITAT-VISAKHAPATNAM)
• Duration Of Justice: 25 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 05-01-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Assessment Year: 2010-2011
• Appeal Filed On: 11-12-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: T SATYANANDAM
• Assessee Lawyers: M V ANIL KUMAR

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL VISAKHAPATNAM BENCH, VISAKHAPATNAM BEFORE SHRI V. DURGA RAO , HONBLE JUDICIAL MEMBER & SHRI D.S. SUNDER SINGH , HONBLE ACCOUNTANT MEMBER MISC. APPLICATION NO. 8 3 /VIZ/2017 ( ITA NO. 291 / VIZ /201 5 ) (ASST. YEAR : 20 1 0 - 11 ) SMT. PASALA NAGAVENI FLAT NO. 201, KOKA HEIGHTS, FCI ROAD, TADEPALLIGUDEM, W.G. DISTRICT. PAN NO. BFQPP 7293 N VS. DCIT, CIRCLE - 1, KAKINADA. (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI M.V. ANIL KUMAR - C A . DEPARTMENT BY : SHRI T. SATYANANDAM SR. DR DATE OF HEARING : 05 / 0 1 /201 8 . DATE OF PRONOUNCEMENT : 0 5 / 0 1 /201 8 . O R D E R PER V. DURGA RAO, JUDICIAL MEMBER BY THIS MISC. APPLICATION, ASSESSEE SEEKS RECALL OF THE ORDER PASSED BY THIS TRIBUNAL IN ITA NO. 291 /VIZ/201 5 , DATED 09 /10/201 7 . 2. LD . COUNSEL FOR THE ASSESSEE HAS SUBMITTED THAT ON THE SAME DATE O F HEARING , THERE WAS A HEARING IN ANOTHER CASE AT ITAT, HYDERABAD BENCHES . T HOUGH , HE SENT ADJOURNMENT APPLICATION THROUGH ORDINARY POST, FORGOTTEN TO SEND IT THROUGH E - MAIL OR FAX. ACCORDINGLY, HE SUBMITTED THAT NON - APPEARANCE ON THE DATE OF 2 M A NO. 8 3 /VIZ/201 7 ( SMT. PASALA NAGAVENI ) HEARING WAS FOR SUFFICIENT 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 ASSESSEE AND IN EXERCISE OF POWERS VESTED IN US UNDER RULE 24 AND 25 OF THE INCOME TAX ( APPELLATE TRIBUNAL ) RULES, 1963, WE RECALL THE ORDER PASSED IN ITA NO. 29 1 /VIZ/201 5 , DATED 09 /10/2017 . 4. THE M ISCELLANEOUS APPLICATION IS ACCORDINGLY ALLOWED AND THE REGISTRY IS DIRECTED TO P OST THE APPEAL FOR HEARING ON 0 1/02/2018 . SINCE THE DATE OF HEARING IS ANNOUNCED IN THE OPEN COURT IN THE PRESENCE OF THE PARTIES, NO SEPARATE NOTICE IS REQUIRED TO BE I SSUED. ORDER PRONOUNCED IN THE OPEN COURT ON 05 TH DAY OF JAN . , 2018 S D / - S D / - ( D.S. SUNDER SINGH ) ( V. DURGA RAO ) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED : 05 TH JANUARY , 201 8 . VR/ - COPY TO: 1. THE ASSESSEE - SMT. PASALA NAGAVENI, FLAT NO. 201, KOKA HEIGHTS, FCI ROAD, TADEPALLIGUDEM, W.G. DISTRICT. 2. THE REVENUE DCIT, CIRCLE - 1 , KAKINADA. 3. THE CIT - 2 , VISAKHAPATNAM. 4. THE CIT(A) - 2, VISAKHAPATNAM. 5. THE D.R . , VISAKHAPATNAM . 6. GUARD FILE. BY ORDER (VUKKEM RAMBABU) SR.PS, ITAT, VIZAG.