, , IN THE INCOME TAX APPELLATE TRIBUNAL , D B ENCH, CHENNAI . , ! # % & , ' ! ( BEFORE SHRI A.MOHAN ALANKAMONY ACCOUNTANT MEMBER AND SHRI CHALLA NAGENDRA PRASAD, JUDICIAL MEMBER MISCELLANEOUS PETITIO N NO.81/ MDS/2015 (IN ITA.NO.510/MDS/2013 ) (ASSESSMENT YEAR: 2007-08) MR. MANAV MENON C-3, ANMOL CREST, 3, LOCK STREET, KOTTUR GARDENS KOTTURPURAM, CHENNAI-600 085. VS COMMISSIONER OF INCOME TAX-IV CHENNAI-600 034. PAN: AAKPM2725N ( PETITIONER ) RESPONDENT) APPLICANT BY : MR. S.S.PHADKAR, ADVOCATE RESPONDENT BY : DR. M.M.BHUSARI, CIT / 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 05.06 .2013 IN ITA NO.510/MDS/2013 PASSED BY THIS TRIBUNAL EXPLAI NING THE REASONS FOR NON-APPEARANCE OF THE COUNSEL ON THE DA TE 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.81/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 5 TH JUNE, 2013. THEREFORE, WE ARE INCLINED TO RECALL T HE EX-PARTE ORDER OF THIS TRIBUNAL DATED 05.06.2013 FOR WHICH T HE DEPARTMENTAL REPRESENTATIVE HAS NO SERIOUS OBJECTIO N. IN THE CIRCUMSTANCES, WE RECALL OUR EX-PARTE ORDER DATED 0 5.06.2013 AND DIRECT THE REGISTRY TO POST THE APPEAL FOR HEAR ING ON 5 TH NOVEMBER, 2015. SINCE BOTH THE PARTIES WERE PRESEN T AT THE TIME OF HEARING, FORMAL NOTICE OF HEARING IS WAIVED . 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/- ( . ) ( # &' ( ) ( A.MOHAN ALANKAMONY ) ( CHALLA NAGEND RA PRASAD ) * / ACCOUNTANT MEMBER &, * / JUDICIAL MEMBER & /CHENNAI, . /DATED, 21 ST AUGUST, 2015 SOMU (,12 42 /COPY TO: 1. APPLICANT 2. (57 /RESPONDENT 3. 8 () /CIT(A) 4. 8 /CIT 5. 2 (,,; /DR 6. > /GF .