Sri Y Venugopala Rao, Visakhapatnam V. The Ad CIT, Range-5, Visakhapatnam

MA 96/VIZ/2010

• Counselvise Citation: [2010] 123 COUNSELVISE.COM (IT) 5805 (ITAT-VISAKHAPATNAM)
• Duration Of Justice: 2 month(s) 17 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 22-10-2010
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Next Hearing Date: 01-10-2010
• Assessment Year: 2006-2007
• Appeal Filed On: 05-08-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: D S SUNDER SINGH

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. 96 / VIZAG/20 10 (ARISING OUT OF ITA NO. 365 /VIZAG/20 0 9 ) ASSESS MENT YEAR: 200 6 - 0 7 Y. VENUGOPALA RAO VISAKHAPATNAM ADDL. CIT RANGE - 5 VISAKHAPATNAM (APPELLANT) VS. (RESPONDENT) PAN NO .ABJPY 3065H APPELLANT BY: SHRI G.V.N. HARI, CA RESPONDENT BY: SHRI D.S. SUNDER SINGH, DR ORDER PER SHRI S.K. YADAV, JUDICIA L MEMBER : BY THIS PETITION THE ASSESSEE SEEKS RECALL OF ORDER DATED 30.11.2009 PASSED BY THIS BENCH ON THE GROUND THAT THE NON APPEARANCE ON THE DATE FIXED FOR HEARING WAS ON ACCOUNT OF SUFFICIENT CAUSE. 2. THE ASSESSEE SUBMITTED THAT HE DID NOT RECEIVE ANY NOTICE OF HEARING AND AS SUCH HE COULD NOT PURSUE THE CASE ON THE DATE OF HEARING AND THE MATTER WAS HEARD EX - PARTE. A CCORDINGLY, THE ASSESSEE SUBMITTED THAT THE NON - APPEARANCE ON THE DATE OF HEARING WAS NOT INTENTIONAL BUT DUE TO CIRCUMSTANCES EXPL AINED HEREIN ABOVE . THE ASSESSEE FURTHER PRAYED FOR RECALL OF THE ORDER. WE ALSO HEARD THE LD . DR IN THIS REGARD. 3. H AVING REGARD TO TH E REASON S GIVEN BY THE ASSESSEE AND IN EXERCISE OF POWERS VESTED IN US UNDER RULE 24 AND 25 OF THE APPELLATE TRIBUNAL RULE S, WE RECALL THE ORDER REFERRED SUPRA. PAGE 2 OF 2 4. THE MISCELLANEOUS PETITION IS ACCORDINGLY ALLOWED AND THE REGISTRY IS DIRECTED TO POST THE APPEAL FOR HEARING ON 16.12.2010 . SINCE THE 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 THE M. PRONOUNCED ACCORDINGLY ON 22.10.2010. SD/ - SD/ - (B R BASKARAN) (SUNIL KUMAR YADAV) ACCOUNTANT MEMBER JUDICIAL MEMBER VG /SPS VISAKHAPATNAM, DATED 22 ND OCTOBER, 2010 COPY TO 1 SHRI Y. VENUGOPALA RAO, D.NO.26 - 16 - 33/1, CHAITANYANAGAR, GAJUWAKA, VISAKHAPATNAM 2 THE ADDL. CIT RANGE - 5, VISAKHAPATNAM 3 CIT , VISAKHAPATNAM 4 CIT(A) , VISAKHAPATNAM 5 THE DR, ITAT, VISAKHAPATNAM. 6 GUARD FILE. BY ORDER SENIOR PRIVATE SECRETARY INCOME TAX APPELLATE TRIBUNAL VISAKHAPATNAM