IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH AHMEDABAD (BEFORE S/SHRI G. D. AGARWAL, VP AND BHAVNESH SAINI , JM) MA NO. 9/AHD/2010 (IN ITA NO.162/AHD/2005 -AY: 2001-02) M/S. UNNATI INVESTMENT PVT. LTD., NR.POLICE HEAD QUARTERS, B/H. AKSHARDHAM TOWERS, SAHGIBAUG, AHMEDABAD PA NO. AAACV 2394J VS THE A. C. I. T., CIRCLE-8 AHMEDABAD (APPLICANT) (RESPONDENT) APPLICANT BY SHRI DEEPAK SONI, AR RESPONDENT BY SMT. NEETA SHAH, DR O R D E R PER BHAVNESH SAINI: THE APPEAL OF THE ASSESSEE WAS DISMISSED IN DEFAULT OF THE ASSESSEE IN PUTTING APPEARANCE ON THE DATE OF HEARING, VIDE ORDER OF THE TRIBUNAL DATED 07-12-2009. ON CON SIDERATION OF THE SUBMISSIONS OF BOTH THE PARTIES, WE FIND THAT THE A PPEAL OF THE ASSESSEE WAS NOT DECIDED ON MERIT. THE LEARNED COUNSEL FOR T HE ASSESSEE UNDERTAKEN TO BE CAREFUL IN FUTURE . IN THIS VIEW O F THE MATTER, WE RECALL THE EARLIER ORDER OF THE TRIBUNAL DATED 07-12-2009 AND DIRECT THE REGISTRY TO FIX THE APPEAL FOR FINAL HEARING ON 19- 05-2010 FOR WHICH NO SEPARATE NOTICE SHALL BE ISSUED TO THE ASSESSEE. MA NO.9/AHD//2010 (IN ITA NO.162/AHD/2005) M/S. UNNATI INVESTMENT PVT. LTD. VS ACIT 2 2. AS A RESULT, THE MISC. APPLICATION OF THE ASSESS EE IS ALLOWED. THE ORDER PRONOUNCED IN THE OPEN COURT ON 14 TH MAY, 2010. SD/- SD/- (G. D. AGARWAL) VICE PRESIDENT (BHAVNESH SAINI) JUDICIAL MEMBER DATE : 14-05-2010 LAKSHMIKANT/- COPY OF THE ORDER FORWARDED TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT CONCERNED 4. THE CIT(A) 5. THE DR, ITAT, AHMEDABAD 6. GUARD FILE BY ORDER D Y. REGISTRAR, ITAT, AHMEDABAD