, IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH, AHMEDABAD . . , , BEFORE SHRI PRAMOD KUMAR, ACCOUNTANT MEMBER AND SHRI MAHAVIR PRASAD, JUDICIAL MEMBER MISC. APPLICATION NO. 44/AHD/2016 ( / ASSESSMENT YEAR : 2004-05) M/S RIJIYA BROTHERS, MUMBAI. / VS. ACIT, CC-2, SURAT. ./ ./ PAN/GIR NO. : AADFR 4197 A ( / APPELLANT ) .. ( / RESPONDENT ) / APPELLANT BY : SHRI M.K. PATEL, A.R. / RESPONDENT BY : SHRI JAMES KURIAN, SR.D.R. / DATE OF HEARING 02/12/2016 / DATE OF PRONOUNCEMENT 14/12/2016 / O R D E R PER SHRI MAHAVIR PRASAD, JUDICIAL MEMBER : THIS MISC. APPLICATION FILED BY THE ASSESSEE FOR THE A.Y.2004-05 AGAINST THE ITA.NO.184/AHD/2012 IS DECIDED BY THIS TRIBUNAL BENCH-D, VIDE ORDER DATED 21/10/2015, WHEREBY THE APPEAL OF THE ASSESSEE IS DISMISSED ON ACCOUNT OF NON APPEARANCE OF ASSESSEE/A.R. WE HAVE HEARD THE LD.A.R. WHO STATED THAT ON ACCOUNT OF NON PROSECUTION OF THE APPELLANT THIS APPEAL WAS DISMISSED . MISC. APPLICATION NO.44/AHD/2016 M/S RIJIYA BROTHERS VS. ACIT ASST.YEAR 2004-05 - 2 - 2. THEREFORE IN THE INTEREST OF THE JUSTICE, ONE MORE CHANCE SHOULD BE GIVEN TO THE APPELLANT/ASSESSEE, THEREFORE, ORDER DATED 21/10/2015 IS RECALLED. 2. IN THE RESULT MISC. APPLICATION IS ALLOWED. THIS ORDER PRONOUNCED IN OPEN COURT ON 14 /12/2016 SD/- SD/- ( PRAMOD KUMAR ) ( MAHAVIR PRASAD ) ACCOUNTANT MEMBER JUDICIAL MEMBER AHMEDABAD; DATED 14 / 12 /2016 / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. / CONCERNED CIT 4. ( ) / THE CIT(A), AHMEDABAD 5. , , / DR, ITAT, AHMEDABAD 6. / GUARD FILE. / BY ORDER, //TRUE COPY// / ( DY./ASSTT.REGISTRAR) , / ITAT, AHMEDABAD TRUE COPY