T HE INCOME TAX APPELLATE TRIBUNAL K BENCH, MUMBAI SHRI SHAMIM YAHYA ( A M) & SHRI PAV AN KUMAR GADALE (JM) M.A. NO. 43/MUM/2020 IN I.T.A. NO. 1453 /MUM/ 201 7 (ASSESSMENT YEAR 2013 - 14 ) M/S. IMPERIAL MARK TRADE (I) PVT. LTD. SHOP NO. 48, FIRST FLOOR DA TTANI SQUARE MALL BHAGOLA NAKA, VASAI GAON ROAD, VASAI(W), THANE PINCODE : 401 202. PAN : AAACI5213L V S . DCIT, CC - 7(2) AAYAKAR BHAVAN M.K. ROAD CHURCHGATE MUMBAI - 400 020. ( APPELLANT ) ( RESPONDENT ) ASSESSEE BY SHRI RAJEEV KHANDELWAL DEPARTMENT BY SHRI BHOOPATHI DATE OF HEARING 23 . 1 0 . 20 20 DATE OF PRONOUNCEMENT 23 . 10 . 20 20 O R D E R PER SHAMIM YAHYA (AM) : - BY WAY OF THIS MISCELLANEOUS APPLICATION ASSESSEE SEEKS RECALL OF THE EX PARTE ORDER OF THIS TRIBUNAL IN INCOME TAX APPEAL NUMBER 1453/MUM/2017 VIDE ORDER DATED 7.1.2020 FOR A.Y. 2 - 13 - 14. 2. WE HAVE HEARD BOTH THE COUNSEL AND PERUSED THE RECORDS. ON CAREFUL CONSIDERATION AND CONSIDERING THE REASONABLE CAUSE ATTRIBUTED FOR NON - APPEARANCE OF THE COUNSEL FOR THE ASSESSEE, WE ARE OF THE CONSIDERED OPINION THE ABOVE EX - PARTE THE ORDER OF THIS TRIBUNAL DESERVES TO BE RECALLED. ACCORDINGLY THE ABOVE SAID ORDER OF THE TRIBUNAL IS DULY RECALLED. THE REGISTRY IS DIRECTED TO FIX THE APPEAL FOR HEARING IN NORMAL COURSE. 2 3. IN THE RESULT THE MISCELLANEOUS APPLICATION STANDS ALLOWED . ORDER PRONOUNCED UNDER RULE 34(4) OF THE ITAT RULES ON 23.10.2020 SD/ - SD/ - ( PA V AN KUMAR GDALE ) (SH A MIM YAHYA ) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI ; DATED : 23 / 1 0 / 20 20 COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT(A) 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE. BY ORDER, //TRUE COPY// ( ASSISTANT REGIS TRAR ) PS ITAT, MUMBAI