IN THE INCOME TAX APPELLATE TRIBUNAL AGRA BENCH, AGRA BEFORE SHRI BHAVNESH SAINI, JUDICIAL MEMBER AND SHRI A.L. GEHLOT, ACCOUNTANT MEMBER M.A. NO.32/AGR/2012 (IN ITA NO.95/AGR/2010) ASSESSMENT YEAR: 2003-04 BHAGWATI SAMAJ KALYAN AVAM VS. INCOME TAX OFFICER , SHIKSHA SAMITI, WARD 3(1), MATHURA. JC-14, CHANDANVAN COLONY, MATHURA. (PAN: AAATB 5148 A). (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI A.K. SRIVASTAVA, C.A. RESPONDENT BY : SHRI K.K. MISHRA, JR. D.R. DATE OF HEARING : 21.12.2012 DATE OF PRONOUNCEMENT OF ORDER : 21.12.2012 ORDER PER A.L. GEHLOT, ACCOUNTANT MEMBER: THIS MISCELLANEOUS APPLICATION HAS BEEN FILED BY TH E ASSESSEE AGAINST THE ORDER OF TRIBUNAL DATED 02.05.2011. 2. IT IS SUBMITTED IN THE MISCELLANEOUS APPLICATION THAT THE ASSESSEE DID NOT RECEIVE THE NOTICE OF HEARING. IN SUPPORT OF THE C ONTENTION THE ASSESSEE FILED AFFIDAVIT. M.A. NO.32/AGR/2012 A.Y. 2003-04 2 3. AFTER HEARING THE LD. REPRESENTATIVES OF THE PAR TIES, WE RECALL OUR ORDER DATED 02.05.2011 AND THE APPEAL IS FIXED FOR HEARING ON 0 6.02.2013 FOR WHICH NO SEPARATE NOTICE IS REQUIRED TO BE ISSUED. 4. IN THE RESULT, M.A. FILED BY THE ASSESSEE IS ALL OWED. (ORDER PRONOUNCED IN THE OPEN COURT ON 21.12.2012) SD/- SD/- (BHAVNESH SAINI) (A.L. GEHLOT) JUDICIAL MEMBER ACCOUNTANT MEMBER PBN/* COPY OF THE ORDER FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT (APPEALS) CONCERNED 4. CIT CONCERNED 5. D.R., ITAT, AGRA BENCH, AGRA 6. GUARD FILE. BY ORDER SR. PRIVATE SECRETARY INCOME-TAX APPELLATE TRIBUNAL, AGRA TRUE COPY