IN THE INCOME TAX APPELLATE TRIBUNAL AGRA BENCH, AGRA BEFORE SHRI BHAVNESH SAINI, JUDICIAL MEMBER AND SHRI PRAMOD KUMAR, ACCOUNTANT MEMBER M.A. NO.42/AGRA/2013 (IN ITA NO.149/AGRA/2013 ASSESSMENT YEAR: 2007-08 M/S PRABHAKAR BHARGAV, VS. INCOME TAX OFFICE R, PANDA JI KA CHOURAHA, GUNAM (M.P.). NAI SADAK, GUNA (M.P.) (PAN AMZPB 4602 I). (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI RAJENDRA SHARMA, ADVOCATE, RESPONDENT BY : SMT. ANURADHA, JR. D.R. DATE OF HEARING : 25.04.2014 DATE OF PRONOUNCEMENT : 25.04.2014 ORDER PER BHAVANESH SAINI, JUDICIAL MEMBER: THE APPEAL OF THE ASSESSEE WAS DISMISSED VIDE ORDER DATED 30.07.2013 FOR DEFAULT IN PUTTING APPEARANCE ON THE DATE OF HEARIN G. 2. THE LD. COUNSEL FOR THE ASSESSEE CONTENDED THAT THE NOTICE FOR DATE OF HEARING WAS NOT SERVED UPON THE ASSESSEE. 3. CONSIDERING THE EXPLANATION OF THE ASSESSEE AND THAT THE APPEAL OF THE ASSESSEE HAS NOT BEEN DECIDED ON MERIT, WE ARE SATI SFIED THAT THE ASSESSEE WAS PREVENTED BY SUFFICIENT CAUSE IN NOT APPEARING ON T HE DATE OF HEARING. THE EX-PARTE M.A. NO.42/AGRA/2013 A.Y. 2007-08 2 ORDER DATED 30.07.2013 IS RECALLED. THE M.A. OF TH E ASSESSEE IS ALLOWED. OFFICE IS DIRECTED TO FIX THE APPEAL OF THE ASSESSEE FOR HEAR ING ON MERIT ON 19.05.2014 FOR WHICH DATE NO SEPARATE NOTICE WILL BE ISSUED. 4. IN THE RESULT, M.A. FILED BY THE ASSESSEE IS ALL OWED. (ORDER PRONOUNCED IN THE OPEN COURT ON 25.04.2014) SD/- SD/- (PRAMOD KUMAR) (BHAVNESH SAINI) ACCOUNTANT MEMBER JUDICIAL MEMBER DATE: 25 TH APRIL, 2014 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