IN THE INCOME TAX APPELLATE TRIBUNAL H BENCH: MUMBAI BEFORE SHRI P.M. JAGTAP, ACCONTANT MEMBER AND R.S. PADVEKAR, JUDICIAL MEMBER MA NO.503/MUM/2011 ARISING OUT OF ITA NO.2540/MUM/2007 FOR A.Y. 2000-0 1 MR. KETAN V. PAREKH, BHUPEN CHAMBERS, GROUND FLOOR, 9, DALAL STREET, FORT, MUMBAI -400 023 ....... APPLICANT VS DY. COMMISSIONER OF INCOME-TAX CENTRAL CIRCLE -40, MUMBAI ..... RESPONDENT PAN: AADPP 1505 A APPLICANT BY: SHRI RAJEEV KHANDELWAL RESPONDENT BY: DR. P. DANIEL DATE OF HEARING: 20.04.2012 DATE OF PRONOUNCEMENT: 09.05.2012 O R D E R PER R.S. PADVEKAR, JM THE ASSESSEE HAS FILED THIS MISC. APPLICATION U/S.2 54(2) OF THE ACT WITH A PRAYER TO RECALL THE ORDER OF THE TRIBUN AL DISMISSING THE ASSESSEE APPEAL BEING ITA NO.2540/M/2007 DATED 29.0 7.2011 FOR THE WANT OF PROSECUTION. 2. WE HAVE HEARD THE PARTIES AND PERUSED THE AFFIDA VITS FILED BY THE ASSESSEE. WE FIND THAT THERE WAS A REASONABLE CAUS E FOR NON- ATTENDANCE OF THE ASSESSEE. WE, ACCORDINGLY RECALL THE ORDER PASSED IN ITA NO.2540/M/2007 DATED 29.07.2011 AND FIX THE APP EAL FOR HEARING ON 05.07.2012. THE DATE OF HEARING OF THE APPEAL I S PRONOUNCED IN THE OPEN COURT IN THE PRESENCE OF BOTH THE PARTIES AND HENCE, NO SEPARATE NOTICE WILL BE ISSUED. MAS 503/M/2011 MR. KETAN V. PAREKH 2 3. IN THE RESULT, THE M.A. IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 9TH MAY, 2012 . SD/- ( P.M. JAGTAP ) ACCOUNTANT MEMBER SD/- ( R.S. PADVEKAR ) JUDICIAL MEMBER MUMBAI, DATE: 9TH MAY, 2012 COPY TO:- 1) THE APPELLANT. 2) THE RESPONDENT. 3) THE CIT (A)C-III, MUMBAI, 4) THE CIT-C-III, MUMBAI. 5) THE D.R. H BENCH, MUMBAI. BY ORDER / / TRUE COPY / / ASSTT. REGISTRAR I.T.A.T., MUMBAI *CHAVAN