IN THE INCOME TAX APPELLATE TRIBUNAL BENCH B CHENNAI (BEFORE SHRI ABRAHAM P. GEORGE, ACCOUNTANT MEMBER AND SHRI GEORGE MATHAN, JUDICIAL MEMBER) M.A. NO. 140/MDS/2010 (IN I.T.A. NO. 727/CHNY/2009) ASSESSMENT YEAR : 2004-05 DR. B. SANTHANAM, SRI SAKTHI NIVAS, 5/21, 132 WINDING DRIVER CHINNASAMY STREET, DHARMAPURI. PAN : ACPPS8018R (APPLICANT) V. THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE III, SALEM. (RESPONDENT) APPLICANT BY: SHRI K. MEENATCHI SUNDA RAM RESPONDENT BY: SHRI B. SRINIVAS O R D E R PER ABRAHAM P. GEORGE, ACCOUNTANT MEMBER : THIS MISCELLANEOUS APPLICATION FILED BY THE ASSESS EE IS FOR RESTORATION OF ITS APPEAL WHICH WAS DISMISSED IN LI MINE VIDE ORDER OF THIS TRIBUNAL IN I.T.A. NO. 727/CHNY/2009 DATED 24 TH JUNE, 2010, FOR NON-APPEARANCE. 2 2. WE FIND THAT ASSESSEE HAS SHOWN REASONABLE CAUSE FOR NOT ENTERING APPEARANCE WHEN THE APPEAL WAS TAKEN UP FO R HEARING. HENCE, IN THE INTEREST OF JUSTICE, WE RECALL THE OR DER OF THIS TRIBUNAL DATED 24 TH JUNE, 2010 (SUPRA) AND DIRECT THE REGISTRY TO POST THE APPEAL FOR HEARING ON 20 TH OCTOBER, 2010 AND IT BEING DECLARED IN THE OPEN COURT, THERE SHALL BE NO FRESH NOTICE TO ANY O F THE PARTIES. 3. IN THE RESULT, THE MISCELLANEOUS APPLICATION FIL ED BY THE ASSESSEE STANDS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 13.08.2010. SD/- SD/- (GEORGE MATHAN) (ABRAHAM P. GEORGE) JUDICIAL MEMBER ACCOUNTANT MEM BER CHENNAI. DATED THE 13 TH AUGUST, 2010. KRI. COPY TO: (1) APPLICANT (2) RESPONDENT (3) CIT(A) (4) CIT (5) D.R. (6) GUARD FILE