Smt.Sumitra Bai Agarwal, Hyderabad V. DCIT, Circle-3(1), Hyderabad

MA 9/HYD/2013

• Counselvise Citation: [2013] 123 COUNSELVISE.COM (IT) 9842 (ITAT-HYDERABAD)
• Duration Of Justice: 21 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 18-01-2013
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: misc
• Appeal Filed On: 28-12-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: PHANI RAJU
• Assessee Lawyers: G PAVAN KUMAR

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH A, HYDERABAD BEFORE SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER AND SMT. ASHA VIJAYARAGHAVAN, JUDICIAL MEMBER M.A. NOS. 8 & 9/HYD/2013 (IN ITA NO. 556 & 557/HYD/2011 ASSESSMENT YEAR: 2005-06) M/S JUGAL KISHORE AGARWAL, (PAN ADFPK1287P) SMT. SUMITRA BAI AGARWAL, APPLICANTS (PAN ADBPS1895H) HYDERABAD. VS. DY. COMMISSIONER OF INCOME-TAX, RESPONDENT CIRCLE 3(1), HYDERABAD. APPLICANT BY : MR. G. PAVAN KUMAR RESPONDENT BY : MR. PHANI RAJU DATE OF HEARING : 18/01/2013 DATE OF PRONOUNCEMENT : 18 /01/2013 ORDER PER ASHA VIJAYARAGHAVAN, J.M.: THESE MISCELLANEOUS APPLICATIONS FILED BY THE ASSES SEES ARISE OUT OF THE ORDER OF ITAT A BENCH, HYDERABAD BENCH ES, HYDERABAD, IN APPEAL ITA NOS. 556 & 557/HYD/2011 DATED 06/12/2 012, WHICH WAS PASSED EX-PARTE BY THE ITAT. THE ASSESSEES IN T HE MA, BESIDES MENTIONING THE REASONS FOR NOT ATTENDING THE HEARIN G OF THEIR CASES, REQUESTED THAT NON ATTENDANCE ON THE DATE OF HEARIN G WAS OUT OF INADVERTENCE AND NOT AS THE ASSESSEES WERE DISINTER ESTED IN PROSECUTION OF APPEALS. 2. WE HAVE HEARD THE LEARNED COUNSEL OF THE ASSESSE E AND THE LEARNED DR IN THE MATTER. IN VIEW OF THE ABOVE THAT THE ASSESSEES ARE INTERESTED IN PROSECUTING THEIR APPEALS, THE OR DER OF THE ITAT M.A. NOS. 8&9/HYD/13 JUGAL KISHORE AGARWAL SMT. SUMITRA BAI AGARWAL 2 (SUPRA) IS RECALLED. THE REGISTRY IS DIRECTED TO F IX THE APPEALS ON 06/05/2013 FOR HEARING AND ADJUDICATING THE APPEALS ON MERITS , WHICH IS ANNOUNCED IN THE OPEN COURT. 3. IN THE RESULT, THE MISCELLANEOUS APPLICATIONS FI LED BY THE ASSESSEES ARE ALLOWED AS INDICATED ABOVE. PRONOUNCED IN THE OPEN COURT ON 18/01/2013. SD/- SD/- (CHANDRA POOJARI) (ASHA VIJAYARAGH AVAN) ACCOUNTANT MEMBER JUDICIAL MEMBE R HYDERABAD, DATED: 18/01/2013. KV COPY TO:- 1) JUGAL KISHORE AGARWAL & SMT. SUMITRA BAI AGARWA L, 8- 2-684/3K (11 & 12), ROAD NO.12, BANJARA HILLS, HYDERABAD 500 034. 2) DCIT,CIRCLE 3(1), HYDERABAD. 3) CIT(A)-IV, HYDERABAD 4) CIT-III, HYDERABAD 5) THE DEPARTMENTAL REPRESENTATIVE, I.T.A.T., H YDERABAD.