IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH A', HYDERABAD BEFORE SHRI G.C.GUPTA, VICE PRESIDENT AND SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER MISC. APPLN. NO.22/HYD/2011 (IN ITA NO.321/HYD/05) : ASSTT. YEAR 2001-02 M/S. VENKATESWARA BRANDY SHOP, KARIMNAGAR ( PAN - AAVFV 4214 J ) V/S. INCOME-TAX OFFICER, WARD-2, KARIMNAGAR. (APPLICANT) (RESPONDENT) APPLICANT BY : SHRI A.SRINIVAS RESPONDENT BY : SHRI B.V.PRASAD REDDY DATE OF HEARING 4.10.2011 DATE OF PRONOUNCEMENT 4.10.2011 O R D E R PER G.C.GUPTA, VICE PRESIDENT: BY THIS MISCELLANEOUS APPLICATION, ASSESSEE HAS R EQUESTED FOR RECALLING THE EX-PARTE ORDER OF THE TRIBUNAL DA TED 19.4.2007 IN ITS CASE FOR THE ASSESSMENT YEAR 2001-02 IN ITA NO.321/ HYD/2005. 2. WE HAVE HEARD THE PARTIES. IN VIEW OF THE CIR CUMSTANCES EXPLAINED BY THE LEARNED COUNSEL FOR THE ASSESSEE F OR NON-APPEARANCE ON BEHALF OF THE ASSESSEE AT THE TIME OF HEARING BE FORE THE TRIBUNAL, WE ARE SATISFIED THAT THIS IS A FIT CASE FOR RECALL ING THE EX-PARTE ORDER OF THIS TRIBUNAL DATED 19.4.2007. ACCORDINGLY EX-PART E ORDER OF THIS TRIBUNAL DATED 19.4.2007 IS RECALLED AND THE DATE O F HEARING IN THE APPEAL OF THE ASSESSEE BEING ITA NO.321/HYD/2005, A S ANNOUNCED IN THE OPEN COURT, IS FIXED AS 24.1.2012. THERE IS N O NEED TO SERVE ANY SEPARATE NOTICE OF HEARING ON THE PARTIES. MA NO.22/HYD/2011 ( IN ITA NO.321/.HYD/2005) M/S.VENKATESWARA BRANDY SHOP, KARIMNAGAR 2 3. IN THE RESULT, MISCELLANEOUS APPLICATION OF TH E ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN THE COURT ON THE CONCLUSION OF HEARING ON THE MISCELLANEOUS APPLICATION ON 4.10.20 11 SD/- SD/- (CHANDRA POOJARI) (G.C.GUPTA) ACCOUNTANT MEMBER VICE PRESIDENT DT/- 4 TH OCTOBER, 2011 COPY FORWARDED TO: 1. M/S. VENKATESWARA BRANDY SHOP, ASIFNAGAR, BAOPET, KARIMNAGAR 2. INCOME - TAX OFFICER, WARD - 2, KARIMNAGAR 3. COMMISSIONER OF INCOME - TAX(APPEALS) - III, HYDERABAD. 4. COMMISSIONER OF INCOME - TAX AP - I HYDERABAD 5. DEPARTMENTAL REPRESENTATIVE, ITAT, HYDERABAD. B.V.S.