IN THE INCOME TAX APPELLATE TRIBUNAL " A " BENCH, AHMEDABAD
(BEFORE SHRI MUKUL Kr. SHRAWAT, J.M. & SHRI ANIL CHATURVEDI, A.M.)


                          M. A. No. 165 & 166 /AHD/2009
                          (in ITA No. 778 & 781/AHD/2001)
                       (Assessment Year:1996-97 1997-98)

       Shri Tulsibhai Bhagwanbhai     V/S D.C.I.T.(Inv.) Circle-1 Surat
       patel. 17, Rangnagar
       Society, Lambay Hanuman
       Road, Surat

       (Appellant)                            (Respondent)

                              PAN: AGBPP0169L

         Appellant by        : Shri M. K. Patel
         Respondent by       : Shri O.P. Batheja, Sr. D.R.

                                  ( )/ORDER

Date of hearing                    : 20-12-2013
Date of Pronouncement              : 23 -12--2013

PER SHRI ANIL CHATURVEDI,A.M.
  1.         By this M.A. the Assessee has urged for recalling of the ex-parte order of
          Tribunal in ITA Nos. 165 & 166/AHD/2009 (in ITA Nos. 778 & 781/AHD/2001)
          dated 31.07.2006 & 20.12.2006 respectively.







  2.      Through the M.A., it is submitted that Assessee had made written
          submissions for consideration but however the same were not considered
          and the ex-parte order was passed for non-appearance. The ld. A.R. before
          us further submitted that the orders be recalled and further gave an
          undertaking to represent the case on the date fixed for hearing and assist in
          disposal of the appeals. He therefore requested that the ex-parte order be
                                         2      MA Nos. 165 & 166/A/2009
                                              (in ITA Nos. 778 & 781/A/2001)
.                                                 A.Y. 1996-97 & 1997-98
         recalled. The Ld. D.R. on the other hand did not object to the request of the
         Assessee.


    3.   We have heard the rival submissions and perused the material on record.
         Considering the submissions and undertaking given by the ld. counsel for the
         Assessee, we recall the ex-parte Tribunal in ITA No. 165 & 166/AHD/2009 (in
         ITA No. 778 & 781/AHD/2001) order dated 31.07.2006 & 20.12.2006
         respectively and direct the Registry to fix the appeal for hearing on
         04.02.2014. Both parties were informed in Court and the notice of hearing
         was dispensed with the consent of both parties. Since the date of hearing was
         pronounced in the Open Court, no separate notice is required to be issued.


    4.   In the result, both the Miscellaneous Applications filed by the Assessee are
         allowed.







          Order pronounced in Open Court on 23 - 12 - 2013.



       Sd/-                                                 Sd/-
(MUKUL Kr. SHRAWAT)                                  (ANIL CHATURVEDI)
JUDICIAL MEMBER                                    ACCOUNTANT MEMBER
Ahmedabad.                         TRUE COPY
Rajesh

Copy of the Order forwarded to:-
1.    The Appellant.
2.    The Respondent.
3.    The CIT (Appeals) ­
4.    The CIT concerned.
5.    The DR., ITAT, Ahmedabad.
6.    Guard File.
                                                         By ORDER




                                                  Deputy/Asstt.Registrar
                                                    ITAT,Ahmedabad