IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH, B ENGALURU BEFORE S HRI SUNIL KUMAR YADAV, JUDICIAL MEMBER AND SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER MISC.PETN. NO. 127 /BANG/201 8 (IN SP NO.130/BANG/2018 ) ( ARISING OUT OF ITA NO.580/BANG/2018) (ASSESSMENT Y EAR: 2013 - 14 ) SHRI KOKKALERA MEDAPPA THAMMIAH, C - 602, BAIRAVI CRUZ LUXOR, CHELEKERE MAIN ROAD, KALYAN NAGAR, BENGALURU - 560043. VS. PETITIONER INCOME - TAX OFFICER, WARD 5(3)(5), BENGALURU. RESPONDENT PETITI O NER BY : SHRI PADAM C HAND KHINCHA, C A. RESPONDENT BY : DR. SATYA SAI RATH, ADDL.CIT(DR) ADDL.CIT. DATE OF HEARING : 01 /0 6 /2018 DATE OF PRONOUNCEMENT : 08 / 0 6 /201 8 O R D E R PER I NTURI RAMA RAO, AM : THIS MISCELLANEOUS PETITION (MP) IS FILED BY THE ASSESSEE - COMPANY S EEKING RECALL OF THE ORDER PASSED BY THIS TRIBUNAL IN S P NO.130/BANG/2018 DATED 18/04/2018. 2. AFTER PERUSING THE PRESENT MP, WE FIND THAT THERE IS NO MERIT IN THE PRESENT MP AS THE ASSESSEE HAD FAILED TO SUBSTANTIATE THE REASONS FOR NON - APPEARANCE WH EN THE STAY PETITION WAS CALLED FOR HEARING. ACCORDINGLY, THE PRESENT MP IS NOT MAINTAINABLE. HOWEVER, WE MAKE IT CLEAR THAT THE ASSESSEE IS AT LIBERTY TO MOVE FRESH STAY PETITION. MP NO . 12 7 /BAN G/201 8 PAGE 2 OF 2 3. IN THE RESULT, THE MP IS DISMISSED. ORDER PRONOUNCED IN THE OP EN COURT ON 8 TH JUNE , 2018 SD/ - SD/ - (SUNIL KUMAR YADAV) (INTURI RAMA RAO) JUDICIAL MEMBER ACCOUNTANT MEMBER PLACE : BENGALURU. D A T E D : / 06 /201 8 S RINIVASULU, SPS COPY TO : 1 APPELLANT 2 RESPONDENT 3 CIT(A) 4 CIT 5 DR, ITAT, BANGALORE. 6 GUARD FILE BY ORDER SENIOR PRIVATE SECRETARY INCOME - TAX APPELLATE TRIBUNAL BANGALORE