IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, CHENNAI BEFORE SHRI ABRAHAM P. GEORGE, ACCOUNTANT MEMBER AND SHRI VIKAS AWASTHY, JUDICIAL MEMBER .. M.P. NO. 119/MDS/2012 (IN I.T.A. NO. 357/MDS/2012) ASSESSMENT YEAR : 2008-09 M/S SRI BABA THEATRES PVT. LTD., NO.36/52, DEVANGA HIGH SCHOOL ROAD, R.S. PURAM, COIMBATORE 2. PAN : AAACB4551K (PETITIONER) V. THE DEPUTY COMMISSIONER OF INCOME TAX, COMPANY CIRCLE I(3), COIMBATORE. (RESPONDENT) PETITIONER BY : SHRI R. PADMANABHAN, CA RESPONDENT BY : SHRI M.N. M URTHY NAIK, JCIT DATE OF HEARING : 24.08.2012 DATE OF PRONOUNCEMENT: 24.08.2012 O R D E R PER ABRAHAM P. GEORGE, ACCOUNTANT MEMBER : THROUGH THIS MISCELLANEOUS PETITION, ASSESSEE PLE ADS FOR RECALL OF THE ORDER DATED 28 TH JUNE, 2012 OF THIS TRIBUNAL WHICH WAS PASSED EX-PARTE, WITHOUT GOING INTO MERITS, FOR WANT OF PR OSECUTION. 2. SINCE ASSESSEE HAS SHOWN REASONABLE CAUSE FOR NO T ENTERING APPEARANCE, THE ORDER IS RE-CALLED AND APPEAL REINS TATED. SUCH M.P. NO. 119/MDS/12 2 APPEAL IS POSTED FOR HEARING ON 5 TH NOVEMBER, 2012. SINCE DATE HAS BEEN DECLARED IN OPEN COURT, THERE SHALL NOT BE ANY FURTHER NOTICE TO THE PARTIES. 3. IN THE RESULT, MISCELLANEOUS PETITION FILED BY T HE ASSESSEE STANDS ALLOWED. THE ORDER WAS PRONOUNCED IN THE COURT ON 24 TH AUGUST, 2012. SD/- SD/- (VIKAS AWASTHY) (ABRAHAM P. GEORGE) JUDICIAL MEMBER ACCOUNTANT MEMBER CHENNAI, DATED THE 24 TH AUGUST, 2012. KRI. COPY TO: (1) PETITIONER (2) RESPONDENT (3) CIT(A) (4) CIT (5) D.R. (6) GUARD FILE