KAMAL ASSOCIATES 1 IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI A BENCH MUMBAI BENCHES, MUMBAI BEFORE SHRI PRAMOD KUMAR , AM & SHRI VIJAY PAL RAO , JM MISCELLANEOUS APPLICATION NO.532/.MUM/2011 ARISING OUT OF ITA NO. 4621/MUM/2010 (ASST YEAR 2007-08) KAMAL ASSOCIATES 103A MITTAL TOWERS NARIMAN POINT \MUMBAI 21 VS THE DYCOMMR OF INCOME TAX 15(1) MUMBAI (APPLICANT) (RESPONDENT) PAN NO. AAGFK3428A ASSESSEE BY SH KAMAL GOKHALE REVENUE BY SH PARTHASASTRI NAIK DT.OF HEARING 20ST JAN 2012 DT OF PRONOUNCEMENT 20 TH JAN 2012 PER VIJAY PAL RAO, JM THE ASSESSEE HAS FILED THIS MISCELLANEOUS APPLICA TION WITH PRAYER TO RECALL THE ORDER OF THE TRIBUNAL IN ITA NO.4621/MUM/2010 5.8.2 011 DISMISSING THE APPEAL OF THE ASSESSEE FOR NON PROSECUTION. 2 WE HAVE HEARD THE PARTIES AND CONSIDERED THE RE ASONS GIVEN IN THE APPLICATION AND ARE SATISFIED THAT THERE WAS REASON ABLE CAUSE FOR NON ATTENDANCE OF THE ASSESSEE OR HIS COUNSEL/A.R ON THE DATE OF H EARING. WE, THEREFORE, RECALL OUR ORDER IN ITA NO.4621/MUM/2010 DATED 5.8.2011 4 THE APPEAL IS FIXED FOR HEARING ON MERIT ON 29 TH MARCH 2012. SINCE THE DATE OF HEARING WAS PRONOUNCED IN THE OPEN COURT IN THE PRE SENCE OF BOTH THE PARTIES, THEREFORE, NO SEPARATE NOTICES WILL BE ISSUED TO TH E PARTIES. THE REGISTRY IS DIRECTED TO FIX THE APPEAL ACCORDINGLY FOR HEARING. KAMAL ASSOCIATES 2 5 IN THE RESULT, THE MISCELLANEOUS APPLICATION FILE D BY THE ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT AT THE TIME OF HEARING I.E 20 TH JAN 2012. SD/ SD/- ( PRAMOD KUMAR ) ACCOUNTANT MEMBER ( VIJAY PAL RAO ) JUDICIAL MEMBER PLACE: MUMBAI : DATED: 20 TH JAN 2012 RAJ* COPY FORWARDED TO: 1 APPELLANT 2 RESPONDENT 3 CIT 4 CIT(A) 5 DR /TRUE COPY/ BY ORDER DY /AR, ITAT, MUMBAI