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Panax Appliances Pvt. Ltd. 8 J.P. Nagar, Old Padra Road, Baroda Vs ACIT Circle-4, Baroda.
June, 27th 2014
                    "A" BENCH, AHMEDABAD


                            MA No.26/Ahd/2014
                   (arising out of ITA No.2847/Ahd/2012
                                A.Y. 2008-09

         Panax Appliances Pvt. Vs ACIT Circle-4, Baroda.
         8 J.P. Nagar, Old Padra
         Road, Baroda
         PAN: AABCP 8171B
                (Appellant)         (Respondent)

                Revenue by :          Shri B.L. Yadav, Sr.D.R.
               Assessee(s) by :       Shri Abhay Desai, A.R.

            / Date of Hearing      : 20/06/2014
             /Date of Pronouncement: 25/06/2014

                               /O R D E R


      By this MA, the assessee has requested for recall of the ex-parte
order of the Tribunal in ITA No.2847/Ahd/2012, dated 25.10.2013.

2.    The assessee has explained the circumstances for not appearing on
the date of hearing, is reproduced below:
      "1. Post filing of the appeal, appellant was granted two adjournments by your
      honour for the hearing fixed on 11.02.2013 and 22.04.2013 in response to the
      written request preferred before your honour. (copy of the representations
      preferred are enclosed for your ready reference).
      2. Appellant did attend the hearing through its AR held on 6th August, 2013
      but as the Hon'ble Bench didn't sit on the said date, AR returned without
      being informed about the next date of the hearing.
      3. Notice dated 20.08.2013 of the Hon'ble Tribunal fixing the hearing on
      22.10.2013 could not be handed over to the AR of the appellant due to
      inadvertent omission of the accountant Mr. M.O. Desai of the appellant.
      Affidavit of the account is attached for kind perusal of your honour."
                                  MA No.26/Ahd/2014 in ITA No.2847/Ahd/2012
                           Panax Appliance Private Ltd. Vs. ACIT Circle-4 Baroda.
                                                                For A.Y. 2008-09

3.      The Ld. DR has vehemently objected to the request of the

4.      Having heard the submissions of both the sides. We are of the
view that natural justice demands to recall the above mentioned ex-parte
order. However, we hereby direct the applicant to appear before the
Tribunal on 9th of August, 2014 and represent the appeal now to be fixed
for hearing by the registry. This date of hearing is hereby duly
communicated. Hence, the service of notice of hearing is dispensed with.

4.      In the result, the M.A. of the assessee is allowed.

                Sd/-                                                   Sd/-
   (N.S. SAINI)                                      (MUKUL Kr. SHRAWAT)
ACCOUNTANT MEMBER                                      JUDICIAL MEMBER
Ahmedabad; Dated 25/06/2014
Prabhat Kr. Kesarwani, Sr. P.S.
   /Copy of the Order forwarded                        to :
1.     / The Appellant
2.     / The Respondent.
3.       / Concerned CIT
4.     () / The CIT(A)-III, Ahmedabad
5.     ,   ,                                   / DR, ITAT, Ahmedabad

6.      / Guard file.
                                                                       / BY ORDER,

                                             /  (Dy./Asstt.Registrar)
                                              ,  / ITAT, Ahmedabad
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