M/s Sri Venkateswara Veda Sastra Parishad, Rajole V. The Commissioner of Income Tax, Rajahmundry

MA 89/VIZ/2010

• Counselvise Citation: [2010] 123 COUNSELVISE.COM (IT) 5081 (ITAT-VISAKHAPATNAM)
• Duration Of Justice: 19 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 17-08-2010
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Assessment Year: 2009-2010
• Appeal Filed On: 29-07-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: D S SUNDER SINGH
• Assessee Lawyers: K S S SHARMA

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.89/VIZAG/2010 (ARISING OUT OF ITA NO.147/VIZAG/2010) ASSESSMENT YEAR: 2009-10 SRI VENKATESWARA VEDA SASTRA PARISHAD RAJOLE CIT RAJAHMUNDRY (APPELLANT) VS. (RESPONDENT) PAN NO.AACAS 8636H APPELLANT BY: SHRI K.S.S. SHARMA, CA 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 24.6.2010 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 THE COMMUNICATION RE GARDING THE DATE OF HEARING WAS NOT RECEIVED BY HIM AND MOREOVER THE LD . COUNSEL FOR THE ASSESSEE WAS AWAY ON BANK AUDIT WORK ON THE DATE OF HEARING. ACCORDINGLY, HE SUBMITTED THAT THE NON-APPEARANCE O N THE DATE OF HEARING WAS FOR SUFFICIENT CAUSE AND PRAYED FOR RECALL OF T HE 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 12.10.2010. 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 17.8.2010. SD/- SD/- (B R BASKARAN) (SUNIL KUMAR YADAV) ACCOUNTANT MEMBER JUDICIAL MEMBER VG/SPS VISAKHAPATNAM, DATED 17 TH AUGUST, 2010. COPY TO 1 SRI VENKATESWARA VEDA SASTRA PARISHAD, D.NO.9-81, SUNDARAMMA CHERVU GATTU, NEAR S.V.S. TEMPLE, RAZOLE-533 242. 2 CIT, RAJAHMUNDRY 3 CIT(A), RAJAHMUNDRY 4 THE DR, ITAT, VISAKHAPATNAM. 5 GUARD FILE. BY ORDER SENIOR PRIVATE SECRETARY INCOME TAX APPELLATE TRIBUNAL VISAKHAPATNAM