, , IN THE INCOME TAX APPELLATE TRIBUNAL , B B ENCH, CHENNAI . , ! # % , & ! ( BEFORE SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER AND SHRI CHALLA NAGENDRA PRASAD, JUDICIAL MEMBER MISCELLANEOUS PETITIO N NO.80/ MDS/2015 (IN IT(SS)A.NO.5/MDS/2015 ) (BLOCK PERIOD : 01.04.1996 TO 31.01.200 3) SMT. D.SUNEETA, 6, RANJITH ROAD, KOTTURPURAM, CHENNAI-600 085. VS ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-II(5) (I/C) CHENNAI. PAN: AYBPS3637E ( PETITIONER ) RESPONDENT) APPLICANT BY : MR. T.T.DURAIRAJ KANDIAR,C.A. RESPONDENT BY : DR.B.NISCHAL, JCIT / DATE OF HEARING : 21 ST AUGUST, 2015 / DATE OF PRONOUNCEMENT : 21 ST AUGUST, 2015 / O R D E R PER CHALLA NAGENDRA PRASAD, JM: THIS MISCELLANEOUS PETITION IS FILED BY THE ASSESSE E REQUESTING TO RECALL THE EX-PARTE ORDER DATED 25.05 .2015 IN IT(SS)A NO.5/MDS/2015 PASSED BY THIS TRIBUNAL EXPL AINING THE REASONS FOR NON-APPEARANCE OF THE COUNSEL ON TH E DATE WHEN THE APPEAL WAS POSTED FOR HEARING. 2. WE HAVE GONE THROUGH THE MISCELLANEOUS PETITION AND THE REASONS THEREIN FOR NON-APPEARANCE BY THE COUNS EL ON THE M.P.NO.80/MDS/2015 2 DATE WHEN THE MATTER POSTED FOR HEARING AND FIND TH AT THERE IS A VALID REASON IN NOT APPEARING BEFORE THE TRIBUNAL ON 25 TH MAY, 2015. THEREFORE, WE ARE INCLINED TO RECALL TH E EX-PARTE ORDER OF THIS TRIBUNAL DATED 25.05.2015 FOR WHICH T HE DEPARTMENTAL REPRESENTATIVE HAS NO SERIOUS OBJECTIO N. IN THE CIRCUMSTANCES, WE RECALL OUR EX-PARTE ORDER DATED 2 5.05.2015 AND DIRECT THE REGISTRY TO POST THE APPEAL FOR HEAR ING IN DUE COURSE. 3. IN THE RESULT, THE MISCELLANEOUS PETITION FILED BY THE ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 21 ST DAY OF AUGUST, 2015.. SD/- SD/- ( ) ( # $ ) ( CHANDRA POOJARI ) ( CHALLA NAG ENDRA PRASAD ) & / ACCOUNTANT MEMBER #( & / JUDICIAL MEMBER # /CHENNAI, * /DATED, 21 ST AUGUST, 2015 SOMU $(-. 0. /COPY TO: 1. APPLICANT 2. $13 /RESPONDENT 3. 4 () /CIT(A) 4. 4 /CIT 5. . $((9 /DR 6. < /GF .