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Guruji Shree Sandipani Education Found ation C/o American School of Barod a At & Po. Sayajipura,Vs.Asstt. Commissioner
June, 04th 2012
                "B" BENCH
     Before: Shri D.K. Tyagi, Judicial Member and
            Shri A. Mohan Alankamony, Accountant Member

                M.A. No.119/Ahd/2011(By Assessee)
              (Arising out of I.T.A. No.3229/Ahd/2009)
                            (A.Y. 2006-07

       Guruji Shree Sandipani               Vs.   Asstt. Commissioner
       Education Found ation                      of Income Tax,
       C/o American School of Barod a             Circle-5,
       At & Po. Sayajipura,                       Baroda
       Ajwa-Nimeta Road,
       Vadod ara

       Original Respond ent                       Original Appellant

       Assessee by      :Shri S.K. Vohra, Sr. D.R.
       Respondent by    :Shri J.P. Shah, A.R.

Date of hearing               :   01.06.2012
Date of p ronouncement        :   01.06.2012



            Through this M.A. the assessee wants us to recall our exprte

order dated 25.05.2011.

2.          At the time of hearing ld. counsel of the assessee, placing

reliance on the contents of the M.A., submitted that notice fixing hearing on

25.5.2011 was served on assessee on 26.5.2011 and therefore, the

assessee was prevented by sufficient cause in not attending the Court on

the date of hearing of the appeal. In support of this submission affidavit of
M.A. No.119/Ahd/2011(By Assessee)                                               2
(Arising out of I.T.A. No.3229/Ahd/2009)
(A.Y. 2006-07

one of the partners Shri Manish Patel has also been filed. Concluding his

argument ld. counsel submitted that the order passed by the Tribunal may

kindly be recalled. Ld. D.R. did not oppose this submission of the assessee.

3.           After hearing both the parties and perusing the records, we are

satisfied that the assessee was prevented by a reasonable cause in not

attending the Court on the date of hearing of this appeal. Therefore, the

order dated 25.05.2011 is hereby recalled.             Date of hearing has been

pronounced in open Court for 26th July, 2012, therefore, no separate

notices will be issued.

4.           In the result, this M.A. is allowed.

     This Order pronounced in Open Court on            01 /06/2012

                      Sd/-                                            Sd/-
     (A. Mohan Alankamony)                                      (D.K. Tyagi)
       Accountant Member                                      Judicial Member

                                           True copy
N.K. Chaudhary, Sr. P.S.
-          01 /06/2012  
     / Copy of Order Forwarded to:-
1.  / Appellant
2.  / Respondent
3.    / Concerned CIT
4.  -  / CIT (A)
5.  ,   ,  / DR, ITAT, Ahmedabad
6. [  / Guard file.
                                                                     By order/  ,


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