IN THE INCOME TAX APPELLATE TRIBUNAL LUCKNOW BENCH A : LUCKNOW BEFORE SHRI S UNIL KUMAR YADAV, JUDICIAL MEMBER AND SHRI J. SUDHAKAR REDDY, ACCOUNTANT MEMBER M .A. NO. 13 /LKW/201 2 (ARISING OUT OF I.T.A. NO.26/LKO/2012) ASSESSMENT YEAR:0 6 - 0 7 SHRI NEERAJ JAIN, VS. INCOME TAX OFFICER, PROP. M/S JAIN BROTHERS, SITAPUR. CIVIL LINES, SITAPUR. PAN:AASPT6139P (APP LICANT ) (RESPONDENT) APPLICANT BY :SHRI SHUBHAM RASTOGI, C.A. RESPONDENT B Y :SHRI ALOK MITRA, SR. D.R. DATE OF HEARIN G : 22 /03/2013 DATE OF PRONOUNCEMENT : 25/04/2013 ORDER PER SUNIL KUMAR YADAV: THIS MISC. APPLICATION IS PREFERRED ON BEHALF OF THE ASSESSEE AGAINST THE ORDER OF THE TRIBUNAL DATED 14/05/2012 THROUGH WHICH THE APPEAL OF THE ASSESSEE WAS DISMISSED, WITH THE SUBMISSIONS THAT THE LEARNED COUNSEL FOR THE ASSESSEE COULD NOT APPEAR ON THE DATE FIXED DUE TO HEART SURGERY OF THE FATHER - IN - LAW OF THE LEARNED COUNSEL FOR THE ASSESSEE SHRI K. R. RASTOGI. FINDING FORCE IN THE CONTENTION OF THE ASSESSEE, WE RECALL OUR ORDER DATED 14/05/2012 AND DIRECT THE REGISTRY TO FIX THE APPEAL FOR HEARING IN DUE COURSE. 4. IN THE RESULT, THE MISC. APPLICATION OF THE ASSESSEE IS ALLOWED. (ORDER PRONOUNCED IN THE OPEN COURT ON 25/04/2013 ) SD/. SD/. (J. SUDHAKAR REDDY ) ( S UNIL KUMAR YADAV) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 25/04/2013 *CL SINGH 2 COPY FORWARDED TO THE: 1. APPELLANT. 2. RESPONDENT. 3. CIT (A) 4. CIT 5. DR. ASSISTANT REGISTRAR