IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES E-1 : MUMBAI BEFORE SHRI D. MANMOHAN, HONBLE VICE PRESIDENT AND SHRI R.S.SYAL, ACCOUNTANT MEMBER M.A. NO. 599/MUM/2009 ARISING OUT OF ITA. NO.3486/MUM/2007 - ASSESSMENT YEAR 2003-2004 M/S. SHIVSHAHI PUNARVASAN PRAKALP LTD. MUMBAI 400 051 PAN AACCS-1590-C VS. I.T.O. 10 (1) (4) AAYAKAR BHAVAN, M.K. ROAD MUMBAI 020 (APPLICANT) (RESPONDENT) FOR APPLICANT : MR. BALKRISHNA JHAVERI FOR RESPONDENT : MRS. VANDANA SAGAR (D.R.) ORDER PER SHRI D. MANMOHAN, V.P. BY THIS APPLICATION THE ASSESSEE SEEKS RECALL OF THE ORDER DATED 7 TH JULY, 2009. HOWEVER, AT THE TIME OF HEARING, LEARN ED COUNSEL SUBMITTED THAT THE MISCELLANEOUS APPLICATION DESERV ES TO BE DISMISSED AS INFRUCTUOUS SINCE THE HONBLE HIGH COURT OF BOMBAY HAS SET ASIDE THE IMPUGNED ORDER. UNDER THESE CIRCUMSTANCES, THE MISC ELLANEOUS APPLICATION FILED BY THE ASSESSEE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT, ON THIS THE 1 5 TH DAY OF JANUARY, 2010 SD/- SD/- (R.S.SYAL) (D.MANMOHAN) ACCOUNTANT MEMBER VICE PRESIDENT MUMBAI, DATE 15 TH JANUARY, 2010. VBP/- 2 COPY TO 1. M/S. SHIVSHAHI PUNARVASAN PRAKALP LTD. 5 TH FLOOR, GRIHA NIRMAL BHAVAN, BANDRA (E). MUMBAI 051 PAN AACCS-1590 -C 2. I.T.O. 10 (1) (4), AAYAKAR BHAVAN, M.K. ROAD, MU MBAI 400 0230. 4. CIT(A)-X, MUMBAI 5. ADDL. CIT, RANGE-10 (1), MUMBAI 6. D.R. E-1 BENCH, MUMBAI. 7. GUARD FILE. (TRUE COPY) BY ORDER ASST. REGISTRAR, ITAT, MUMBAI BENCHES MUMBAI. SNO DATE INITIALS 1 DRAFT DICTATED ON 15-01-2010 SR.P.S 2. DRAFT PLACED BEFORE AUTHOR 15-01-2010 SR.P.S 3. DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER V.P. 4. DRAFT DISCUSSED/APPROVED BY SECOND MEMBER A.M 5. APPROVED DRAFT COMES TO THE SR.PS/PS SR.P.S 6. KEPT FOR PRONOUNCEMENT ON SR.P.S 7. FILE SENT TO THE BENCH CLERK SR.P.S 8. DATE ON WHICH FILE GOES TO THE HEAD CLERK 9. DATE OF DISPATCH OF ORDER