1 IN THE INCOME TAX APPELLATE TRIBUNAL CHANDIGARH BENCHES B CHANDIGARH BEFORE SHRI D.K.SRIVASTAVA, ACCOUNTANT MEMBER AND MS SUSHMA CHOWLA, JUDICIAL MEMBER M.A. NO. 68/CHD/2010 (IN ITA NO.981/CHD/2009) SHER-E-PUNJAB FOUNDATION, V THE C.I.T.-II, NAYA GAON, SAS NAGAR(PB). CHANDIGARH. PAN NO. AAITS-0386D (APPELLANT) (RESPONDENT) APPELLANT BY : NONE RESPONDENT BY: SMT.SARITA KUMARI, DR ORDER PER SUSHMA CHOWLA, JM THE PRESENT MISCELLANEOUS APPLICATION IS FILED BY T HE ASSESSEE FOR RECALLING THE ORDER DATED 22.1.2010 IN ITA NO. 981/ CHD/2009 WHICH WAS DISMISSED EX-PARTE FOR WANT OF PROSECUTION. 2. A NOTICE OF HEARING FIXING THE CASE FOR 12.11.20 10 WAS ISSUED TO THE ASSESSEE. ON THE SAID DATE NONE WAS PRESENT ON BEH ALF OF THE ASSESSEE AND THE CASE WAS ADJOURNED TO 14.1.2011 FOR WHICH NOTIC E WAS ISSUED TO THE ASSESSEE. THE BENCH DID NOT FUNCTION ON 14.1.2011. ANOTHER NOTICE OF HEARING WAS ISSUED TO THE ASSESSEE ON 8.2.2011 FIXI NG THE APPLICATION FOR 11.3.2011. BUT ON THE AFORESAID DATE ALSO, THERE W AS NO COMPLIANCE BY THE ASSESSEE AND THE MATTER WAS ADJOURNED TO 8.4.2011. ANOTHER NOTICE FIXING THE DATE OF HEARING WAS SENT TO THE ASSESSEE. HOWE VER, NONE APPEARED ON BEHALF OF THE ASSESSEE ON THE APPOINTED DATE OF HEA RING I.E. 8.4.2011. IN 2 THE ABOVE SITUATION, WE ARE OF THE VIEW THAT THE AS SESSEE IS NOT INTERESTED FOR PROSECUTING THE PRESENT MISCELLANEOUS APPLICATI ON AND HENCE THE SAME IS DISMISSED. 3. IN THE RESULT, THE MISCELLANEOUS APPLICATION FIL ED BY THE ASSESSEE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 11 TH DAY OF APRIL, 2011. SD/- SD/- (D.K.SRIVASTAVA) (SUSHMA CHOWLA) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED : APRIL, 2011 RKK COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT 4. THE CIT(A) 5. THE DR TRUE COPY BY ORDER ASSISTANT REGISTRAR, ITAT, CHANDIGARH