IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH G, MUMBAI , ! '# $## #%, ' ! ( BEFORE SHRI RAJENDRA SINGH, ACCOUNTANT MEMBER AND SHRI VIVEK VARMA, JUDICIAL MEMBER M.A. NO.58/MUM/2013 (ARISING OUT OF ITA NO. 4003/MUM/2010) ASSESSMENT YEAR 1995-96 MR SURENDRA C. SHETH, C-316, SATYAM, OPP. POST OFFICE, NEW LINK ROAD, BORIVALI (WEST), MUMBAI -400 103 PAN: AADPS 3907 K VS INCOME TAX OFFICER - WARD -25(2)(3), MUMBAI (APPLICANT) (RESPONDENT) APPLICANT BY SHRI S.M. JAIN RESPONDENT BY SHRI SURENDRA KUMAR DATE OF HEARING : 06-09-2013 DATE OF PRONOUNCEMENT : 06-09-2013 PER VIVEK VARMA, J.M. THIS ORDER WAS PASSED EX PARTE FOR THE WANT OF PROSECUTION. AGAINST THIS ORDER, THE ASSESSEE HAS FILED THIS MISCELLANEOUS AP PLICATION (MA) ALONG WITH AN AFFIDAVIT OF MR. S.M. JAIN, CHARTERED ACCOUNTANT, W HO HAS GIVEN THE REASONS FOR NON-ATTENDANCE ON THE DATE OF HEARING I.E., 11.12.2 012. 2. WE FIND THAT THE REASONS GIVEN BY MR. S.M. JAIN, CHARTERED ACCOUNTANT ARE REASONABLE. WE, THEREFORE, RECALL THE ORDER TO BE HEARD ON MERITS AND DATE IS NOW FIXED FOR HEARING FOR 21.11.2013. BOTH THE PART IES HAVE BEEN INFORMED. NO SEPARATE NOTICE SHALL BE SENT. MA-58/MUM/2013 MR SURENDRA C. SHETH . 2 3. MA FILED BY THE ASSESSEE IS, THUS, ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 6 TH SEPTEMBER, 2013. SD/- SD/- ( / RAJENDRA SINGH ) ( $## #% /VIVEK VARMA) / ACCOUNTANT MEMBER / JUDICIAL MEMBER / MUMBAI, / DATE : 6 TH SEPTEMBER, 2013 CHAVAN* COPY TO: 1. APPLICANT 2. RESPONDENT 3. THE CONCERNED CIT (A)-35, MUMBAI 4. THE CONCERNED CIT-CITY-25, MUMBAI 5. DR G BENCH, ITAT, MUMBAI 6. GUARD FILE //TRUE COPY// )* / BY ORDER, / / TRUE COPY / / / DY./ASST. REGISTRAR ! '# $, / ITAT, MUMBAI *'( ). . * CHAVAN, SR. PS