, , IN THE INCOME TAX APPELLATE TRIBUNAL , C B ENCH, CHENNAI . , ' $ , % ' BEFORE SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER AND SHRI CHALLA NAGENDRA PRASAD, JUDICIAL MEMBER MISCELLANEOUS PETITIO N NO.130/ MDS/2015 (IN ITA.NO.933/MDS/2015 ) (ASSESSMENT YEAR: 2008-09) MR.S.S.N.RAVI, A-5, NO.46, GYAN ANGAN EAST MADA STREET, TIRUVANMIYUR CHENNAI-600 041 VS ASSISTANT COMMISSIONER OF INCOME TAX, SALARY CIRCLE- III, CHENNAI. PAN:AFDPR0277C ( PETITIONER ) RESPONDENT) APPLICANT BY : MR. K.G.RAGHUNATH, ADVOCATE RESPONDENT BY : MR. A.V.SREEKANTH,JCIT / DATE OF HEARING : 20 TH NOVEMBER, 2015 / DATE OF PRONOUNCEMENT : 20 TH NOVEMBER, 2015 / O R D E R PER CHALLA NAGENDRA PRASAD, JM: THIS MISCELLANEOUS PETITION IS FILED BY THE ASSESSE E REQUESTING TO RECALL THE EX-PARTE ORDER DATED 08.07 .2015 IN ITA NO.933/MDS/2015 PASSED BY THIS TRIBUNAL EXPLAI NING THE REASONS FOR NON-APPEARANCE OF THE COUNSEL ON THE DA TE WHEN THE APPEAL WAS POSTED FOR HEARING. 2. HAVING GONE THROUGH THE MISCELLANEOUS PETITION AND THE REASONS THEREIN FOR NON-APPEARANCE BY THE COUNS EL ON THE M.P.NO.130/MDS/2015 2 DATE WHEN THE MATTER POSTED FOR HEARING, WE FIND T HAT THERE IS A VALID REASON IN NOT APPEARING BEFORE THE TRIBUNAL ON 8 TH JULY,2015. THEREFORE, WE ARE INCLINED TO RECALL THE EX-PARTE ORDER OF THIS TRIBUNAL DATED 08.07.2015 FOR WHICH T HE DEPARTMENTAL REPRESENTATIVE HAS NO SERIOUS OBJECTIO N. IN THE CIRCUMSTANCES, WE RECALL OUR EX-PARTE ORDER DATED 0 8.07.2015 AND DIRECT THE REGISTRY TO POST THE APPEAL FOR HEAR ING ON 30 TH DECEMBER, 2015. SINCE BOTH THE PARTIES WERE PRESEN T AT THE TIME OF HEARING, FORMAL NOTICE OF HEARING IS WAIVE D. 3. IN THE RESULT, THE MISCELLANEOUS PETITION FILED BY THE ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 20 TH NOVEMBER, 2015.. SD/- SD/- ( ) ( # $ ) ( CHANDRA POOJARI ) ( CHALLA NAG ENDRA PRASAD ) & / ACCOUNTANT MEMBER #( & / JUDICIAL MEMBER # /CHENNAI, * /DATED, 20 TH NOVEMBER, 2015 SOMU $(-. 0. /COPY TO: 1. APPLICANT 2. $13 /RESPONDENT 3. 4 () /CIT(A) 4. 4 /CIT 5. . $((9 /DR 6. < /GF .