MP.54/BANG/2010 PAGE - 1 IN THE INCOME TAX APPELLATE TRIBUNAL BANGALORE BENCH 'B', BANGALORE BEFORE DR. O. K. NARAYANAN, VICE PRESIDENT AND SHRI GEORGE GEORGE K, JUDICIAL MEMBER MISCELLANEOUS PETITION NO.54/BANG/2010 (IN I.T.A NOS.1143 & 1144/BANG/2009) (ASSESSMENT YEARS : 2003-04 & 2004-05) M/S. POINTEC WRITING INSTRUMENTS P. LTD., NO.26/A, INDUSTRIAL AREA, ATTIBELE, BANGALORE - 562 107 .. APPLICANT V. DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE - 12(2), BANGALORE .. RESPONDEN T APPLICANT BY : SHRI. D. S. ANIRUDH, ADVOCATE RESPONDENT BY : SHRI. G. MANOJ KUMAR, ADDL.COMMISS IONER OF INCOME-TAX O R D E R PER DR. O. K. NARAYANAN, VICE PRESIDENT : THIS IS A RESTORATION PETITION FILED BY THE ASSESSE E IN RESPECT OF THE APPEALS IN ITA NOS.1143 & 1144/BANG/2009 DISPOS ED OFF BY THE TRIBUNAL THROUGH ITS COMMON ORDER DATED.26.04.2010. 2. ON GOING THROUGH THE PETITION AND HEARING BOT H SIDES, WE FIND THAT THE PETITION FILED BY THE ASSESSEE IS TO BE ALLOWED . ACCORDINGLY, THE COMMON ORDER OF THE TRIBUNAL DATED.26.04.2010 PASSE D IN ITA MP.54/BANG/2010 PAGE - 2 NOS.1143 & 1144/BANG/2009, IS RECALLED AND THOSE AP PEALS ARE RESTORED ON THE ROLLS OF THE TRIBUNAL FOR FRESH HEA RING AND DISPOSAL IN ACCORDANCE WITH LAW. THE TWO APPEALS ARE POSTED FO R HEARING ON 08.12.2010. NOTICE WAIVED. 3. IN RESULT, MISCELLANEOUS PETITION FILED BY THE A SSESSEE IS ALLOWED. ORDER PRONOUNCED ON MONDAY, THE 04TH DAY OF OCTOBER , 2010, AT BANGALORE. SD/- SD/- (GEORGE GEORGE K) (DR. O. K. NARAYANAN) JUDICIAL MEMBER VICE PRESIDENT