1 THE INCOME TAX APPELLATE TRIBUNAL, INDORE BENCH, INDORE BEFORE SHRI JOGINDER SINGH JUDICIAL MEMBER AND SHRI V.K. GUPTA ACCOUNTANT MEMBER M.A. NO. 36/IND/09 ARISING OUT OF ITA NO. 337/IND/09 IQBAL HUSSAIN QURESHI MHOW PAN AAAPQ 5699R APPLICANT VS INCOME TAX OFFICER 3(2) INDORE RESPONDENT APPLICANT BY SHRI S.C. JAIN RESPONDENT BY SMT. APARNA KARAN O R D E R PER JOGINDER SINGH, JUDICIAL MEMBER THROUGH THIS MISCELLANEOUS APPLICATION, THE ASSESSE E IS SEEKING RECALL OF DISMISSAL OF HIS APPEAL IN ITA NO . 337/IND/09 BY THE ORDER OF THE TRIBUNAL DATED 27 TH JULY, 2009 FOR WANT OF PROSECUTION. THE ASSESSEE IN HIS APPLICATION HAS E XPLAINED THE REASON FOR INADVERTENT MISTAKE OCCURRED ON HIS PART IN ATTENDING THE HEARING ON THE DATE FIXED BY THE TRIBUNAL AND W E ARE SATISFIED WITH THE REASONS EXPLAINED BY THE ASSESSE E. HENCE, 2 WE RECALL THE ORDER DATED 27 TH JULY, 2009 OF THE TRIBUNAL AND RESTORE THIS APPEAL ON THE ROLLS OF REGISTRY FOR HE ARING IN DUE COURSE OF TIME IN SMC BENCH. 2. IN THE RESULT, THE MISCELLANEOUS APPLICATION FIL ED BY THE ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN OPEN COURT ON 26 TH MARCH, 2010 SD SD (V.K. GUPTA) (JOGINDER SINGH) ACCOUNTANT MEMBER JUDICIAL ME MBER 26 TH MARCH, 2010 COPY TO APPLICANT, RESPONDENT, CIT, CIT(A), DR, GUA RD FILE D/-