Neelima Constructions, Secunderabad V. ITO, Ward-10(4), Hyderabad

MA 94/HYD/2012

• Counselvise Citation: [2012] 123 COUNSELVISE.COM (IT) 8983 (ITAT-HYDERABAD)
• Duration Of Justice: 4 month(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 07-09-2012
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2007-2008
• Appeal Filed On: 07-05-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: DIWAKAR PRASAD
• Assessee Lawyers: CH G MURALIKRISHNA MURTHY
• Section: 80IB

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH B', HYDERABAD BEFORE SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER AND SMT. ASHA VIJAYA RAGHAVAN, JUDICIAL MEMBER M.A. NO. 94/HYD/2012 ARISING OUT OF I.T.A. NO. 1571/HYD/2011 ASSESSMENT YEAR : 2007-08 M/S. NEELIMA CONSTRUCTIONS, SECUNDERABAD PAN; AAFFN5453K VS. INCOME TAX OFFICER WARD-10(4) HYDERABAD APPELLANT RESPONDENT APPELLANT BY: SRI CH. G. MURALI KRISHNA MURTHY RESPONDENT BY: SRI DIWAKAR PRASAD DATE OF HEARING: 24.08.2012 DATE OF PRONOUNCEMENT: 07.09.2012 O R D E R PER CHANDRA POOJARI, AM: BY THIS MISCELLANEOUS APPLICATION THE ASSESSEE IS SEEKING RECALL OF EX-PARTE ORDER OF THIS TRIBUNAL IN I.T.A. NO. 1571/HYD/2011 DATED 11 TH APRIL, 2012 WHEREIN THE TRIBUNAL DISMISSED THE APPEAL FILED BY THE ASSESSEE FOR NON APPEARANCE. 2. THE LEARNED AR SUBMITTED THAT THERE WAS WEDDING IN THE FAMILY OF THE AR AND ALSO THERE WAS NO MENTION ABOU T THE POSTING IN THE DIARY AND THUS LOST SIGHT OF THE DAT E OF HEARING AND CONSEQUENTLY DID NOT MAKE AN APPEARANCE NOR FIL ED ANY PETITION SEEKING FOR ADJOURNMENT OF HEARING OF THE APPEAL. HE SUBMITTED THAT THIS APPEAL WAS POSTED FOR HEARING S ECOND TIME. THE ISSUE INVOLVED GOES TO THE ROOT OF THE MATTER I N DETERMINING WHETHER THE ASSESSEE HAD FILED INACCURATE PARTICULA RS OF INCOME OR CONCEALED ITS INCOME WHERE THE ISSUES INVOLVED A RE WITHDRAWAL OF CLAIM U/S. 80IB OF THE ACT AND THE TR EATMENT OF M.A. NO. 94/HYD/2012 M/S. NEELIMA CONSTRUCTIONS ====================== 2 SALE ADVANCES AS 'LOANS' AND THE CONSEQUENT DISALLO WANCE OF THE INTEREST. AT NO POINT OF TIME WAS THE ASSESSEE NO T INCLINED OR DISINTERESTED TO PURSUE THE SAID APPEAL. IT WAS ON LY ON ACCOUNT OF THE WEDDING IN THE FAMILY OF THE AR AND HIS OFFI CE NOT RECORDING IN THE DIARY THAT HAS LED TO THIS SITUATI ON AND HENCE THE APPEAL WENT UNNOTICED AND UNREPRESENTED. IN SU PPORT OF THIS CONTENTION AN AFFIDAVIT BY SRI CH. G. MURALI K RISHNA MURTHY, CHARTERED ACCOUNTANT, IS PLACED ON RECORD. ACCORDI NGLY, THE LEARNED AR REQUESTED THAT THE EX-PARTE ORDER OF THE TRIBUNAL BE RECALLED AND RESTORED ON THE FILE OF THE TRIBUNAL A ND ONE MORE OPPORTUNITY MAY BE AFFORDED TO THE ASSESSEE FOR CON TESTING ITS CASE ON MERIT. 3. THE LEARNED DR DOES NOT RAISE ANY SERIOUS OBJECTION AGAINST THE ARGUMENT OF THE ASSESSEE'S COUNSEL. 4. WE HAVE HEARD BOTH THE PARTIES AND PERUSED THE MATE RIAL ON RECORD. WE ARE SATISFIED WITH THE REASONS ADVAN CED BY THE AR OF THE ASSESSEE. THE ASSESSEE'S APPEAL IN ITA NO. 1571/HYD/2011 IS HEREBY RECALLED AND RESTORED ON TH E FILE OF THE TRIBUNAL. THE NEXT DATE OF HEARING OF THE APPE AL IS FIXED ON 4 TH DECEMBER, 2012. NO SEPARATE NOTICE OF HEARING SH ALL BE SENT TO BOTH THE PARTIES AND THIS ORDER ITSELF WILL SERV E AS NOTICE OF HEARING. 5. IN THE RESULT, THE MA FILED BY THE ASSESSEE IS ALLO WED. ORDER PRONOUNCED IN THE OPEN COURT ON 7 TH SEPTEMBER, 2012. SD/- (ASHA VIJAYARAGHAVAN) JUDICIAL MEMBER SD/- (CHANDRA POOJARI) ACCOUNTANT MEMBER HYDERABAD, DATED 7 TH SEPTEMBER, 2012 TPRAO M.A. NO. 94/HYD/2012 M/S. NEELIMA CONSTRUCTIONS ====================== 3 COPY FORWARDED TO: 1. M/S. NEELIMA CONSTRUCTIONS, C/O. M/S. CH. G. KRI SHNA MURTHY & CO. CHARTERED ACCOUNTANTS, 133/1, PRENDERG HAST ROAD, SECUNDERABAD-500 003. 2. THE INCOME TAX OFFICER, WARD-10(4), HYDERABAD. 3. THE CIT(A)-VI, HYDERABAD. 4. THE CIT-V, HYDERABAD. 5. THE DR B BENCH, ITAT, HYDERABAD