IN THE INCOME TAX APPELLATE TRIBUNAL AGRA BENCH, SMC, AGRA BEFORE SHRI P.K. BANSAL, ACCOUNTANT MEMBER M.A. NO.03/AGR/2010 (IN ITA NO.126/AGR/2009) ASST. YEAR: 2005-06 SMT. NIRMALA JAIN, VS. A.C.I.T., C-1, GWALIOR. W/O. HEM KUMAR JAIN, SARAFA BAZAR, GWALIOR. (PAN: AEDPJ 5825 M). (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI V. BAPNA, C.A. RESPONDENT BY : SHRI R.C. SHARMA, JR. D.R. ORDER THIS MISCELLANEOUS APPLICATION (M.A.) HAS BEEN FIL ED BY THE ASSESSEE AGAINST THE ORDER OF THIS TRIBUNAL DATED 15 TH DECEMBER, 2009 IN ITA NO.126/AGR/2009. 2. THE AFORESAID M.A. WAS FIXED FOR HEARING ON 29.0 3.2010. THE LD. A.R. POINTED OUT THAT THE NOTICE FOR THE HEARING OF THE APPEAL WAS RECEIV ED BY THE ASSESSEE ON 09.12.2009 WHILE THE HEARING WAS FIXED FOR 09.12.2009 AND, THEREFORE, TH E ASSESSEE WAS NOT IN A POSITION TO REPRESENT HER CASE. THUS, IT WAS CONTENDED THAT THE ASSESSEE WAS PREVENTED BY SUFFICIENT CAUSE IN NOT APPEARING BEFORE THE TRIBUNAL. 3. LD. D.R., ON THE OTHER HAND, RELIED ON THE ORDER OF TRIBUNAL. AFTER HEARING RIVAL SUBMISSIONS AND GOING THROUGH THE AFFIDAVIT OF THE ASSESSEE, I RECALL THE ORDER OF THIS TRIBUNAL DATED 15.12.2009. THE APPEAL IS FIXED FOR HEARING ON THE REQUEST OF BOTH THE PARTIES FOR 21.06.2010. 2 M.A. NO.03/AGR/2010 (IN ITA NO.126/AGR/2009) 4. IN THE RESULT, THE M.A. FILED BY THE ASSESSEE IS ALLOWED. (ORDER PRONOUNCED IN THE OPEN COURT ON 29.03.2010). SD/- (P.K. BANSAL) ACCOUNTANT MEMBER PLACE: AGRA DATE: 30 TH MARCH, 2010. PBN/* COPY OF THE ORDER FORWARDED TO: 1. APPELLANT 2. RESPONDENT BY ORDER 3. CIT CONCERNED 4. CIT (APPEALS) CONCERNED 5. DR, ITAT, AGRA BENCH, AGRA 6. GUARD FILE ASSIST ANT REGISTRAR INCOME-TAX APPELLATE T RIBUNAL, AGRA TRUE COPY 3 DT. OF HEARING : 29.03.2010 DT. OF DICT. : 29.03.2010 DT. OF TYPING : 30.03.2010 DT. OF RCPT. FOR CORN. : DT. OF CORN. DONE : RECEIVED SIGNED : 30.03.2010 DISPOSED OF/TO BC : 08.04.2010 (BC ON LEAVE UPTO 7 .4)