IN THE INCOME TAX APPELLATE TRIBUNAL SMC BENCH, M UMBAI BEFORE SHRI SHAMIM YAHYA, AM M.A. NO. 215/MUM/2020 (ARISING OUT OF ITA NO. 6694/MUM/2018) (ASSESSMENT YEAR: 2007-08) SHRI BHAGWANJI NARSI PATEL FLAT NO. 1203/1204, PUMPAS, VASANT LAWN, NEAR JUPITER, HOSPITAL, MAJIWADA, THANE (W) 421 301 VS. INCOME TAX OFFICER WARD-1(1), KALYAN PAN/GIR NO. AAWPP 3727 H ( APPELLANT ) : ( RESPONDENT ) APPLICANT BY : SHRI SUNIL MAKHIJA RESPONDENT BY : SHRI SANJAY J. SETHI DATE OF HEARING : 01.01.2021 DATE OF PRONOUNCEMENT : 04.01.2021 ORDER U/S. 254(2) OF THE INCOME TAX ACT, 1961 PER SHAMIM YAHYA, A. M.: BY WAY OF THIS MISCELLANEOUS APPLICATION THE ASSESS EE SEEKS RECALL OF THE EX PARTE ORDER OF THIS TRIBUNAL IN ITA NO. 6694/MUM/2018 VID E ORDER DATED 14.02.2020. 2. I HAVE HEARD BOTH THE COUNSEL AND PERUSED THE RE CORDS. ON CAREFUL CONSIDERATION AND CONSIDERING THE REASONABLE CAUSE ATTRIBUTED FOR NON-APPEARANCE OF THE LD. COUNSEL OF THE ASSESSEE, I AM OF THE CONSIDERED OPINION THE AB OVE EX PARTE ORDER OF THIS TRIBUNAL DESERVES TO BE RECALLED. 2 M.A. NO. 215/MUM/2020 SHRI BHAGWANJI NARSI PATEL VS. ITO 3. ACCORDINGLY, THE ABOVE SAID ORDER OF THE TRIBUNA L IS DULY RECALLED. THE REGISTRY IS DIRECTED TO FIX THE APPEAL FOR HEARING IN NORMAL CO URSE. 4. IN THE RESULT, THE MISCELLANEOUS APPLICATION STA NDS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 04.01.2021 SD/- (SHAMIM YAHYA) ACCOUNTANT MEMBER MUMBAI; DATED : 04.01.2021 ROSHANI , SR. PS COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT(A) 4. CIT - CONCERNED 5. DR, ITAT, MUMBAI 6. GUARD FILE BY ORDER, (DY./ASSTT. REGISTRAR) ITAT, MUMBAI