IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH E, MUMBAI .. , ! ', $ % BEFORE SHRI R.S. SYAL, ACCOUNTANT MEMBER AND SHRI VIVEK VARMA, JUDICIAL MEMBER MAS NO.44 AND 45/MUM/2013 (ARISING OUT OF ITAS NO. 6786 & 6787/MUM/2010) FOR AYS. 1197-98 & 2002-03 SBI COMMERCIAL & INTERNATIONAL BANK LTD, (SINCE MERGED WITH STATE BANK OF INDIA), FRT DEPT., 3 RD FLOOR, CORPROATE CENTRE, STATE BANK BAHAVAN, MADAME CAMA ROAD, NARIMAN POINT, MUMBAI PAN: AAACS 8249 J VS DY. COMMISSIONER OF INCOME TAX CIRCLE II(2), MUMBAI (APPLICANT) (RESPONDENT) APPLICANT BY MR. C. NARESH RESPONDENT BY SHRI SURENDRA KUMAR DATE OF HEARING : 06-09-2013 DATE OF PRONOUNCEMENT : 06-09-2013 PER VIVEK VARMA, JM THIS COMMON ORDER WAS PASSED EX PARTE FOR THE WANT OF PROSECUTION. AGAINST THIS ORDER, THE ASSESSEE HAS FILED THIS MIS CELLANEOUS APPLICATION (MA) ALONG WITH AN AFFIDAVIT OF MR. DIWAKAR GUPTA, MANAG ING DIRECTOR, SBI WHO HAS GIVEN THE REASONS FOR NON-ATTENDANCE ON THE DATE OF HEARING I.E., 30.08.2012. 2. WE FIND THAT THE REASONS GIVEN BY MR. DIWAKAR GU PTA, MANAGING DIRECTOR, SBI ARE REASONABLE. WE, THEREFORE, RECALL THE ORDER TO BE HEARD ON MERITS AND DATE IS NOW FIXED FOR HEARING FOR 17.10. 2013. BOTH THE PARTIES HAVE BEEN INFORMED. NO SEPARATE NOTICE SHALL BE SENT. MAS 44 & 45/MUM/2013 SBI COMMERCIAL & INTERNATIONAL BANK LTD, (SINCE MERGED WITH STATE BANK OF INDIA) . 2 3. BOTH THE MAS, AS FILED BY THE ASSESSEE, ARE, THU S, ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 6 TH SEPTEMBER, 2013 SD/- SD/- ( .. / R.S. SYAL ) ( ! ' /VIVEK VARMA) / ACCOUNTANT MEMBER / JUDICIAL MEMBER / MUMBAI, / DATE : 6 TH SEPTEMBER, 2013 CHAVAN* COPY TO: 1. APPLICANT 2. RESPONDENT 3. THE CONCERNED CIT (A)-5, MUMBAI 4. THE CONCERNED CIT-2, MUMBAI 5. DR E BENCH, ITAT, MUMBAI 6. GUARD FILE //TRUE COPY// &' / BY ORDER, / / TRUE COPY / / / DY./ASST. REGISTRAR ! '# $, / ITAT, MUMBAI *'( ). . * CHAVAN, SR. PS