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Mrs. Regina Jayprakash 78/2312, Kinara CHS Ltd. Pant Nagar, Ghatkopar (E) Mumbai 400075 Vs. Income Tax Officer - 22(2)-4 Mumbai
September, 24th 2012
                          "D" Bench, Mumbai

                Before Shri D. Manmohan, Vice President
              and Shri Rajendra Singh, Accountant Member

                          MA No. 248/Mum/2012
                  (Arising out of ITA No. 3121/Mum/2011)
                         (Assessment Year: 2007-08)

      Mrs. Regina Jayprakash             Income Tax Officer - 22(2)-4
      78/2312, Kinara CHS Ltd.       Vs. Mumbai
      Pant Nagar, Ghatkopar (E)
      Mumbai 400075
      PAN - ADLPR 4425 Q
              Applicant                            Respondent

                   Applicant by:      Shri Ajay R. Singh
                   Respondent by:     Shri Amardeep

                   Date of Hearing:       21.09.2012
                   Date of Pronouncement: 21.09.2012


Per D. Manmohan, V.P.

     By this application the assessee seeks recall of the order dated
15.02.2012 for the reasons stated in the petition as well as in the affidavit of
the assessee. Admittedly the appeal was disposed of exparte, qua assessee,
since the assessee did not appear on the date of hearing.

2.    The learned counsel submitted that the case was originally fixed for
hearing on 15.02.2012 by mentioning the date of hearing in the
acknowledgement-cum-notice issued on 20.04.2011. Due to long lapse of
time the factum of posting of the appeal missed the attention of the assessee
and hence, despite the fact that assessee was interested in pursuing the
matter, none appeared on the date of hearing due to a genuine lapse on the
part of the assessee. It was therefore contended that in exercise of the
powers vested in us under Rule 24 of the Appellate Tribunal Rules, 1963 the
Tribunal may recall the order in the interests of substantial justice and give
the assessee a proper opportunity of being heard.

3.    We have also heard the learned D.R. and perused the record.
                                          2                   MA No. 248/Mum/2012
                                                              Mrs. Regina Jayprakash

4.        Having regard to the circumstances of the case we hereby recall our
order dated 15.02.2012 under Rule 24 of the Appellate Tribunal Rules and
direct the Registry to post the appeal for final hearing on 06.12.2012. Since
the date is announced in the open court, issuance of notice to the parties is
dispensed with.

5.        In the result, the miscellaneous application is allowed.

Order pronounced in the open court on 21st September 2012.

                   Sd/-                                     Sd/-
             (Rajendra Singh)                          (D. Manmohan)
            Accountant Member                          Vice President

Mumbai, Dated: 21st September 2012

Copy to:

     1.   The   Appellant
     2.   The   Respondent
     3.   The   CIT(A) ­ 33, Mumbai
     4.   The   CIT­ 22, Mumbai City
     5.   The   DR, "D" Bench, ITAT, Mumbai
                                                         By Order

//True Copy//
                                                      Assistant Registrar
                                              ITAT, Mumbai Benches, Mumbai
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