IN INCOME TAX APPELLATE TRIBUNAL "C" Bench, Mumbai Before Shri D.K. Agarwal, Judicial Member and Shri B. Ramakotaiah, Accountant Member MA No. 55/Mum/2011 (Arising out of ITA No. 2324/Mum/2009) (Assessment Year: 2005-06) M/s. Orion International Support DCIT, Circle 7(1) Services P. Ltd., 1. Dinkar Vs. Aayakar Bhavan, M.K. Road 486 A, Bhagoji Keer Marg Mumbai 400020 Mahim, Mumbai 400016 PAN - AAACO 1774 E Applicant Respondent Applicant by: Shri Subhash Shetty Respondent by: Shri C.G.K. Nair ORDER Per B. Ramakotaiah, A.M. assessee through this Miscellaneous Application requests Tribunal to recall exparte order passed in ITA No. 2324/Mum/2009 dated 17.09.2010 for non-appearance on date of hearing. 2. learned counsel for assessee referring to miscellaneous application and affidavit filed by assessee explained reasons for such non-appearance on appointed date. 3. After hearing both sides and after going through contents of miscellaneous application as well as affidavit of assessee we find there was reasonable cause on part of assessee for such non- appearance on appointed date. We, therefore, recall order of Tribunal in ITA No. 2324/Mum/2009 dated 17.09.2010 and fix hearing of appeal on 12th September 2011, which was announced in open 2 MA No. 55/Mum/2011 Orion International Support Services P. Ltd. court. No separate notice of hearing shall be sent to which both parties agreed. 4. In result, miscellaneous application filed by assessee is allowed. Order pronounced in open court on 1st July 2011. Sd/- Sd/- (D.K. Agarwal) (B. Ramakotaiah) Judicial Member Accountant Member Mumbai, Dated: 1st July 2011 Copy to: 1. Appellant 2. Respondent 3. CIT(A) VII, Mumbai 4. CIT VII, Mumbai City 5. DR, C Bench, ITAT, Mumbai By Order //True Copy// Assistant Registrar ITAT, Mumbai Benches, Mumbai n.p. M/s. Orion International Support Services Pvt. Ltd. v. DCIT Cir 7(1)