IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH B, PUNE BEFORE SHRI SHAILENDRA KUMAR YADAV, JUDICIAL MEMBER , AND SHRI R.K.PANDA, ACCOUNTANT MEMBER. M.A.NO.55/PN/2012 (ARISING OUT OF ITA.NO.1320/PN/2010) (ASSTT. YEAR : 2007-08) SHRI SHIRISH VINAYAK GODBOLE, PANCHADEEP APARTMENTS, 3 RD FLOOR, F.NO.9, BEHIND TATA MOTORS, ITI ROAD, AUNDH, PUNE. .. APPELLANT VS. ITO, WARD-3(1), PUNE. .. RESPONDENT ASSESSEE BY : SHRI PRASHANT KULKARNI DEPARTMENT BY : SHRI RAJIB JAIN DATE OF HEARING : 24.08.2012 DATE OF PRONOUNCEMENT : 28.08.2012 ORDER PER SHAILENDRA KUMAR YADAV, JM : THIS MISCELLANEOUS APPLICATION HAS BEEN FILED BY T HE APPLICANT, ARISING OUT OF ITA.NO.1320/PN/2010, INTER ALIA SUBM ITTED THAT EX PARTE ORDER DATED 20.01.2012 MAY BE RECALLED BEC AUSE THE ASSESSEE HAD NOT RECEIVED THE NOTICE OF HEARING IN ABOVE SAID MATTER. WE FIND FORCE IN THE CONTENTION OF THE ASS ESSEE THAT ASSESSEE WAS PREVENTED BY REASONABLE CAUSE IN NOT A PPEARING BEFORE THE TRIBUNAL ON THE DATE FIXED. SO IN THE IN TEREST OF JUSTICE, WE RECALL OUR ORDER DATED 20.01.2012 AND THE REGIST RY IS DIRECTED TO FIX THE CASE ON 17.10.2012. 2. AS A RESULT, THE MISCELLANEOUS APPLICATION IS AL LOWED. 2 PRONOUNCED IN THE OPEN COURT ON THIS THE 28 TH DAY OF AUGUST, 2012. SD/- SD/- ( R.K.PANDA ) ( SHAILENDRA KUMAR YAD AV ) ACCOUNTANT MEMBER JUDICIAL MEMBER GSPS PUNE, DATED THE 28 TH AUGUST, 2012. COPY OF THE ORDER IS FORWARDED TO: 1. THE ASSESSEE 2. THE ITO, WARD-3(1), PUNE. 3. THE CIT(A)-II, PUNE. 4. THE CIT-II, PUNE. 5. THE DR B BENCH, PUNE. 6. GUARD FILE. BY ORDER //TRUE COPY// PRIVATE SECRETARY, INCOME TAX APPELLATE TRIBUNAL, PUNE.