IN THE INCOME TAX APPELLATE TRIBUNAL, BENCH "A", KOLKATA

        ()Before                                       /and
                      Shri Mahavir Singh, Judicial
                      Member.
                      ^ . .. .,  
                     Shri C.D.Rao, Accountant Member
              M.A.No.40/Kol/2012
      A/o ITA No.245/Kol/2010
         /Assessment Year : 2006-07
                                                    --
                  (/APPELLANT )                        -       (RESPONDENT)
                Gunadhar Parui, Kolkata             Versus- I.T.O., Ward-38(1),
                (PAN: AFHPP 8607 C)                    .    Kolkata

          For the Appellant:                               Shri Subhas Agarwal
         For the Respondent:                            Shri A.K.Pramanik

  Date of Hearing : 01.06.2012
  Date of Pronouncement : 01.06.2012.



                                    /ORDER
  ..
 (. ),  
   .)
 Per Shri C.D.Rao, AM


      The above Miscellaneous Application has been filed by assessee to recall the
order of Tribunal dated 27.10.2011 vide ITA No.245/Kol/2010 wherein the appeal of
assessee was dismissed in limine on account of non-prosecution.


2.    As per the assessee's Miscellaneous application it was submitted that the
neither the AR nor the assessee was unable to attend the hearing on the said date as
the important festival of the Hindus-Diwali fell on the next day. Therefore the
                                                                                        2







assessee requested to recall the exparte order and the appeal of the assessee may be
listed for hearing and disposed on merits.

3.        The ld. DR had no objection if the exparte order is recalled and the appeal is
disposed on merit as no prejudice is caused to the Revenue by a disposal on merit.


4.        After hearing the rival submissions and on careful perusal of material available
on record we recall our order dated 27.10.2011 and the Registry is directed to fix the
case for hearing in due course.


5.        In the result the Miscellaneous Application of the assessee is allowed

                   Order pronounced in the open court on 01.06.2012.

           Sd/-                                        Sd/-
  ,                                              ..,
                                                  ..,  ,
                                                       
 Mahavir Singh, Judicial Member                   C.D.Rao, Accountant Member.

  )Date: 01.06.2012.
 ()

R.G.(.P.S.)
             -
         Copy of the order forwarded to:
                                                                           th
     1. Gunadhar Parui, C/o M/s. Gupta & Mangalik, 1/1A, Princep Street, 4
          floor, R.No.4D, Kolkata-700072.

     2    I.T.O., Ward-38(1), Kolkata

     3. The CIT-XIII, Kolkata,                       4. The CIT(A)-XXIV, Kolkata

     5. DR, Kolkata Benches, Kolkata
          /True Copy,
                                                      / By order,

                                      Deputy /Asst. Registrar, ITAT, Kolkata Benches