Potla Shanthi, Rep. by GPA Potla Nageswara Rao, Khammam V. Income Tax Officer, Ward-2, Khammam

MA 92/Hyd/2018

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 3169 (ITAT-HYDERABAD)
• Duration Of Justice: 4 month(s) 29 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 19-02-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB-A
• Next Hearing Date: 11-01-2019
• Assessment Year: 2008-2009
• Appeal Filed On: 20-09-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: A V RAGHURAM SRI A C ROUT

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH A, HYDERABAD BEFORE SMT. P. MADHAVI DEVI, JUDICIAL MEMBER AND SHRI S. RIFAUR RAHMAN, ACCOUNTANT MEMBER MA NO . 92 /HYD/ 2018 (ARISING OUT OF ITA NO. 1758/HYD/2017) ASSESSMENT YEAR: 20 08 - 09 MS. POTLA SHANTHI, REP. BY GPA SMT. POTLA MADHAVI, 11 - 4 - 70/2, NEHRUNAGAR, KHAMMAM. PAN: APEPP 2329 E VS. INCOME TAX OFFICER, WARD - 2, KHAMMAM. (APPELLANT) (RESPONDENT) ASSESSEE BY: SRI A.V. RAGHURAM REVENUE BY: SRI A.C. ROUT, DR DATE OF HEARING: 11 /0 1 /2019 DATE OF PRONOUNCEMENT: 19 /02/2019 ORDER PER SMT. P. MADHAVI DEVI, J.M.: THIS MISCELLANEOUS APPLICATION IS FILED BY THE ASSESSEE SEEKING RECALL OF THE TRIBUNALS ORDER DATED 10 TH AUGUST, 2018. 2. THE LEARNED COUNSEL FOR THE ASSESSEE SUBMITTED THAT THE ASSESSEES APPEAL WAS DISMISSED BY THE TRIBUNAL FOR NON - RECTIFICATION OF THE DEFECTS AND WITH A LIBERTY TO THE ASSESSEE TO SEEK RECALL OF THE ORDER, AFTER RECTIFYING THE DEFECTS . IT IS SUBMITTED THAT NOW THE DEFECTS ARE RECTIFIED BY THE ASSESSEE AND IS SEEKING RECALL OF THE ORDER. 2 3. WE HAVE GONE THROUGH THE PARTICULARS FILED BY THE ASSESSEE AND IT IS SEEN THAT THE DEFECTS HAVE BEEN RECTIFIED . T AKING THE SAME INTO CONSIDERATION, THE ORDER OF THE TRIBUNAL DATED 10 TH AUGUST, 2018 IS RECALLED AND THE APPEAL IS POSTED FOR HEARING ON 16 TH APRIL, 2019. SINCE THE DATE OF HEARING HAS BEEN ANNOUNCED IN THE OPEN COURT IN THE PRESENCE OF BOTH THE PARTIES, NO FRESH NOTICE NEED BE GIVEN. 4. IN THE RESULT, MISCELLANEOUS APPLICATION FILED BY THE ASSESSEE IS ALLOWED. PRONOUNCED IN THE OPEN COURT ON 19 TH FEBRUARY, 2019. SD/ - SD/ - (S. RIFAUR RAHMAN) (P. MADHAVI DEVI) ACCOUNTANT MEMBER JUDICIAL MEMBER HYDERABAD, DATED: 19 TH FEBRUARY , 2019 OKK COPY TO: - 1) MS. POTLA S HANTHI, REP.BY GPA SRI POTLA NAGESWARA RAO C/O. K. VASANT KUMAR, A.V. RAGHU RAM, P. VINOD & M. NEELIMA DEVI, ADVOCATES, 610 BABUKHAN ESTATE, BASHEERBAGH, HYDERABAD. 2) THE INCOME TAX OFFICER, WARD - 2, KHAMMAM. 3) THE CIT(A) - 7 , HYDERABAD 4) THE PR. CIT - 7 , HYDERABAD 5) THE DR, ITAT, HYDERABAD 6) GUARD FILE