IN THE INCOME TAX APPELLATE TRIBUNAL 'F' BENCH, MUMBAI BEFORE SHRI D. MANMOHAN, VICE PRESIDENT AND SHRI RAJENDRA SINGH, ACCOUNTANT MEMBER MA NO. 116/MUM/2012 (ARISING OUT OF ITA NO. 5676/MUM/2008) (ASSESSMENT YEAR: 2001-02) SMT. VIBHUTI R. SHAH INCOME TAX OFFICER - 18(1)(1) 403 B PATEL APARTMENTS 1ST FLOOR, PIRAMAL CHAMBERS CAMPACOLA COMPOUND VS. LALBAUGH, MUMBAI 400013 MUMBAI 400018 PAN - AEUPS 5918 R APPLICANT RESPONDENT APPLICANT BY: SHRI N.R. AGARWAL RESPONDENT BY: SHRI MOHIT JAIN DATE OF HEARING: 14.12.2012 DATE OF PRONOUNCEMENT: 12.12.2012 O R D E R PER D. MANMOHAN, V.P. BY THIS APPLICATION THE ASSESSEE SEEKS RECALL OF TH E EXPARTE ORDER PASSED BY THE ITAT IN EXERCISE OF POWERS VESTED UNDER RULE 25 OF THE APPELLATE TRIBUNAL RULES, 1963. 2. WE HAVE HEARD THE LEARNED COUNSEL FOR THE ASSESSEE AS WELL AS THE LEARNED D.R. AND CAREFULLY PERUSED THE RECORD. SINC E WE ARE SATISFIED THAT THERE IS SUFFICIENT CAUSE FOR NON-APPEARANCE ON THE DATE FIXED FOR HEARING, IN EXERCISE OF THE POWERS VESTED UNDER RULE 25 OF THE APPELLATE TRIBUNAL RULES, WE HEREBY RECALL THE EXPARTE ORDER DATED 10 TH MARCH, 2010 AND DIRECT THE REGISTRY TO POST THE APPEAL FOR FRESH HEARING ON 08 .01.2013. SINCE THE DATE IS ANNOUNCED IN THE OPEN COURT, NOTICE TO THE PARTI ES IS DISPENSED WITH. PRONOUNCED ACCORDINGLY IN THE OPEN COURT ON 14 TH DECEMBER, 2012. SD/- SD/- (RAJENDRA SINGH) (D. MANMOHAN) ACCOUNTANT MEMBER VICE PRESIDENT MUMBAI, DATED: 14 TH DECEMBER, 2012 MA NO. 116/MUM/2012 2 COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT(A) XVIII, MUMBAI 4. THE CIT XVIII, MUMBAI CITY 5. THE DR, F BENCH, ITAT, MUMBAI BY ORDER //TRUE COPY// ASSISTANT REGISTRAR ITAT, MUMBAI BENCHES, MUMBAI N.P.