M.A. NO.41/LKW/2019 ASSESSMENT YEAR:2013-14 1 IN THE INCOME TAX APPELLATE TRIBUNAL LUCKNOW BENCH SMC, LUCKNOW BEFORE SHRI T. S. KAPOOR, ACCOUNTANT MEMBER M. A. NO.41/LKW/2019 (ARISING OUT OF I.T.A. NO.396/LKW/2019) ASSESSMENT YEAR:2013-14 SHRI GHANSHYAM AGARWAL, GHANSHYAM BROTHERS, RANI LAXMI BAI ROAD, K-18/9, A BLOCK, RAJAJIPURAM, LUCKNOW. PAN:AFSPA8777K VS. INCOME TAX OFFICER, RANGE-IV(5), LUCKNOW. (APPLICANT) (RESPONDENT) O R D E R THIS MISC. APPLICATION HAS BEEN FILED BY THE ASSES SEE AGAINST THE ORDER OF THE TRIBUNAL DATED 19/07/2019 PASSED IN I. T.A. NO.396/LKW/2019 DISMISSING THE APPEAL OF THE ASSESSEE EX-PARTE. 2. THROUGH THIS MISC. APPLICATION THE ASSESSEE HAS EXPLAINED THE REASONS FOR ABSENCE OF COUNSEL ON THE DATE OF HEARI NG OF THE APPEAL ON ACCOUNT OF WHICH THE APPEAL WAS HEARD AND DISPOSED OF EX-PARTE. THE REASONS FOR THE ABSENCE OF COUNSEL ON THE DATE OF H EARING ARE DULY EXPLAINED IN THE MISC. APPLICATION. 3. AFTER HEARING BOTH THE PARTIES AND GOING THROUGH THE MISC. APPLICATION AND BEING CONVINCED WITH THE EXPLANATIO N FURNISHED BY THE APPLICANT BY SHRI SAMRAT CHANDRA, F.C.A. RESPONDENT BY SHRI AJAY KUMAR, D.R. DATE OF HEARING 16 / 09 /201 9 DATE OF PRONOUNCEMENT 16 / 09 /201 9 M.A. NO.41/LKW/2019 ASSESSMENT YEAR:2013-14 2 ASSESSEE, I RECALL THE ORDER PASSED BY THE TRIBUNAL AND DIRECT THE REGISTRY TO REFIX THIS APPEAL FOR HEARING ON 15/10/2019. NO FR ESH NOTICE WILL BE ISSUED AS THE DATE OF HEARING HAS BEEN ANNOUNCED IN PRESEN CE OF BOTH THE PARTIES DURING THE COURSE OF HEARING OF MISC. APPLICATION. 4. IN THE RESULT, THE MISC. APPLICATION OF THE ASSE SSEE IS ALLOWED. (ORDER PRONOUNCED IN THE OPEN COURT ON 16/09/2019) SD/. ( T. S. KAPOOR ) ACCOUNTANT MEMBER DATED:16/09/2019 *SINGH COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT. 3. CONCERNED CIT 4. THE CIT(A) 5. D.R., I.T.A.T., LUCKNOW ASSTT. REGISTRAR