M.A. No.56/Lkw/2019 (in I.T.A. No.246/Lkw/2018 Assessment Year:2008-09 1 IN THE INCOME TAX APPELLATE TRIBUNAL LUCKNOW BENCH ‘B’, LUCKNOW BEFORE SHRI A. D. JAIN, VICE PRESIDENT AND SHRI T. S. KAPOOR, ACCOUNTANT MEMBER M.A.No.56/Lkw/2019 (in I.T.A. No.246/Lkw/2018) Assessment Year:2008-09 The District Mining Officer, DM Compound, Bareilly. PAN:LKNDO6749B Vs. Income Tax Officer (TDS), Bareilly. (Appellant) (Respondent) O R D E R PER A. D. JAIN:V.P. This Misc. Application has been filed by the assessee against the order of the Tribunal dated 25/10/2019 passed in I.T.A. No.246/Lkw/2018 dismissing the appeal of the assessee ex-parte. 2. None was present was behalf of the assessee. However, the assessee through this Misc. Application, has explained the reasons for absence of counsel on the date of hearing of the appeal on account of which the appeal was heard and disposed of ex-parte. The reasons for the absence of counsel on the date of hearing are duly explained in the Misc. Application. Appellant by None Respondent by Shri Harish Gidwani, D.R. Date of hearing 10/06/2022 Date of pronouncement 10/06/2022 M.A. No.56/Lkw/2019 (in I.T.A. No.246/Lkw/2018 Assessment Year:2008-09 2 3. After hearing learned D. R. and going through the Misc. Application and being convinced with the explanation furnished by the assessee, we recall the order passed by the Tribunal and direct the registry to fix this appeal for hearing on 26 th July, 2022. 4. In the result, the Misc. Application of the assessee is allowed. (Order pronounced in the open court on 10/06/2022) Sd/. Sd/. ( T. S. KAPOOR ) ( A. D. JAIN ) Accountant Member Vice President Dated:10/06/2022 *Singh Copy of the order forwarded to : 1. The Appellant 2. The Respondent. 3. Concerned CIT 4. The CIT(A) 5. D.R., I.T.A.T., Lucknow