IN THE INCOME TAX APPELLATE TRIBUNAL JAIPUR BENCH: JAIPUR (BEFORE SHRI R.P. TOLANI AND SHRI T.R. MEENA) M.A. NO. 43/JP/2012 (ARISING OUT OF I.T.A. NO. 787/JP/2009) ASSTT. YEAR-2002-03 PAN NO. AGDPK4030H SMT. SAROJ KHANDELWAL, THE I.T.O. E-1-424, CHITRAKUT, VRS. WARD 5(4), JAIPUR. VAISHALI NAGAR, JAIPUR. (APPELLANT) (RESPONDENT) ASSESSEE BY :- SHRI G.M. MEHTA. DEPARTMENT BY :- SHRI D.C. SHARMA. DATE OF HEARING : 11/07/2014 DATE OF PRONOUNCEMENT : 28/08/2014 O R D E R PER: T.R. MEENA, A.M. THE ASSESSEE HAS FILED TWO MISC. APPLICATIONS NO. 43 /JP/2012 DATED 17-09-2102 AND 13/JP/2013 DATED 14-08-2013 PRAYING THEREIN TO RECALL THE EX- PARTE ORDER OF THIS BENCH DATED 13-09-2010 IN ITA N O. 787/JP/2009. 2. THE BENCH HAD HEARD THE MATTER ON MISCELLANEOUS A PPLICATION NO. 13/JP/2013 IN ITA NO. 787/JP/2009 OF THE ASSESSEE A ND ALLOWED THE MISCELLANEOUS APPLICATION OF THE ASSESSEE VIDE ORDE R DATED 18-07-2014 WITH DIRECTION TO FIX THE CASE FOR HEARING ON 13-08-200 4. THE REGISTRY WAS DIRECTED TO FIX THE CASE AS PER THE ABOVE DATE IN REGULAR HE ARING. NO SEPARATE NOTICE WAS REQUIRED TO BE SENT FOR BOTH THE PARTIES. THIS BE NCH IMPOSED COST OF RS. MA 43/JP/2012 SAROJ KHANDELWAL VS. ITO 2 1,000/- ON ASSESSEE AND HE DIRECTED TO PAY THROUGH CHALLAN ON OR BEFORE THE DATE OF HEARING OF THIS CASE. 3. THUS, IN VIEW OF THE ABOVE DIRECTIONS GIVEN BY THI S BENCH (SUPRA), THE MISCELLANEOUS APPLICATION NO. 43/JP/2012 IN ITA NO. 787/JP/2009 FILED BY THE ASSESSEE IS INFRUCTUOUS AS THE ORDER BY THIS BENCH HAS ALREADY BEEN PASSED IN MISCELLANEOUS APPLICATION NO. 13/JP/2013 ON 18-07-2 014. 4. IN THE RESULT, THE MISCELLANEOUS APPLICATION NO. 43/JP/2012 OF THE ASSESSEE IS INFRUCTUOUS. ORDER PRONOUNCED IN THE OPEN COURT ON 28/08/2014. SD/- SD/- (R.P. TOLANI) (T.R. MEENA) JUDICIAL MEMBER ACCOUNTANT MEMBER JAIPUR, DATED : 28 TH AUGUST, 2014 * RANJAN COPY FORWARDED TO :- 1. SMT. SAROJ KHANDELWAL, JAIPUR. 2. THE I.T.O., WARD 5(4), JAIPUR. 3. THE CIT (A) 4. THE CIT 5. THE D/R GUARD FILE (M.A. NO. 43/JP/2013) BY ORDER, AR ITAT JAIPUR.