IN THE INCOME TAX APPELLATE TRIBUNAL 'SMC' BENCH, MUMBAI BEFORE SHRI D. MANMOHAN, VICE PRESIDENT AND SHRI RAJENDRA, ACCOUNTANT MEMBER MA NO. 489/MUM/2012 (ARISING OUT OF ITA NO. 4235/MUM/2011) (ASSESSMENT YEAR: 2001-02) M/S. SHILPA PHARMA P. LTD. INCOME TAX OFFICER - 8(3 )(1) 2ND FLOOR, SHIVASHISH AAYAKAR BHAVAN, M.K. ROAD ANDHERI KURLA ROAD VS. MUMBAI 400020 SAKINAKA, MUMBAI 400072 PAN - AAACL0621M APPELLANT RESPONDENT APPELLANT BY: NONE RESPONDENT BY: MS. C. TRIPURA SUNDARI DATE OF HEARING: 12.07.2013 DATE OF PRONOUNCEMENT: 12.07.2013 O R D E R PER D. MANMOHAN, V.P. BY THIS APPLICATION THE ASSESSEE SEEKS RECALL OF TH E ORDER DATED 19 TH MARCH, 2012 BY SUBMITTING THAT THERE ARE SUFFICIENT REASONS FOR NON- APPEARANCE ON THE DATE FIXED FOR HEARING THE APPEAL AND ALSO SUBMITTED THAT THE TRIBUNAL HAS NOT CONSIDERED THE FACTUAL MATRIX OF THE CASE IN ITS CORRECT PERSPECTIVE. 2. THE NOTICE SENT TO THE ASSESSEE WAS RETURNED UNSERV ED WITH THE POSTAL REMARKS LEFT. THE CASE WAS ADJOURNED FROM TIME TO TIME AT THE REQUEST OF THE ASSESSEE. IT MAY BE NOTICED THAT EVEN AT THE TI ME OF HEARING THE MISCELLANEOUS APPLICATION NONE APPEARED ON BEHALF O F THE ASSESSEE. UNDER THESE CIRCUMSTANCES WE ASSUME THAT THE ASSESSEE IS NOT INTERESTED IN MA NO. 489/MUM/2012 M/S. SHILPA PHARMA P. LTD. 2 PURSUING THE MISCELLANEOUS APPLICATION. THEREFORE W E REJECT THE MISCELLANEOUS APPLICATION FOR NON-PROSECUTION. ORDER PRONOUNCED IN THE OPEN COURT ON 12 TH JULY, 2013. SD/- SD/- (RAJENDRA) (D. MANMOHAN) ACCOUNTANT MEMBER VICE PRESIDENT MUMBAI, DATED: 12 TH JULY, 2013 COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT(A) 18, MUMBAI 4. THE CIT 8, MUMBAI CITY 5. THE DR, SMC BENCH, ITAT, MUMBAI BY ORDER //TRUE COPY// ASSISTANT REGISTRAR ITAT, MUMBAI BENCHES, MUMBAI N.P.