IN THE INCOME TAX APPELLATE TRIBUNAL H BENCH: MUMBAI BEFORE SHRI R.S. SYAL, ACCONTANT MEMBER AND R.S. PADVEKAR, JUDICIAL MEMBER MA NO.507/MUM/2011 ARISING OUT OF ITA NO.5202/MUM/2010 FOR A.Y. 2006-0 7 SHRI SHEKHAR CHANDRU TOLANI, 6 KOHINOOR APTS., PLOT NO.479, 24TH ROAD, KHAR (W), MUMBAI -400 052 ....... APPLICANT VS ADDL. COMMISSIONER OF INCOME-TAX RG.19(1), PIRAMAL CHAMBER, MUMBAI ..... RESPONDENT PAN: ACAPT 2657 C APPLICANT BY: SHRI K.R. LAKSHMINARAYANAN RESPONDENT BY: SHRI M. RAJAN DATE OF HEARING: 18.05.2012 DATE OF PRONOUNCEMENT: 18.05.2012 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 ASSESSEES APPEAL BEING ITA NO.5202/M/2010 DATED 23 .08.2011 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.5202/M/2010 DATED 23.08.2011 AND FIX THE APP EAL FOR HEARING ON 11.06.2012. 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 507/M/2011 SHRI SHEKHAR CHANDRU TOLANI 2 3. IN THE RESULT, THE M.A. IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 18TH MAY, 201 2. SD/- ( R.S. SYAL ) ACCOUNTANT MEMBER SD/- ( R.S. PADVEKAR ) JUDICIAL MEMBER MUMBAI, DATE: 18TH MAY, 2012 COPY TO:- 1) THE APPELLANT. 2) THE RESPONDENT. 3) THE CIT (A)XIX, MUMBAI, 4) THE CIT-CITY-19, MUMBAI. 5) THE D.R. H BENCH, MUMBAI. BY ORDER / / TRUE COPY / / ASSTT. REGISTRAR I.T.A.T., MUMBAI *CHAVAN