IN INCOME TAX APPELLATE TRIBUNAL AHMEDABAD SMC BENCH AHMEDABAD Before Shri Rajpal Yadav, JM and Shri Manish Borad, A.M. M.A. No.88/Ahd/2016 In ITA No.18/Ahd/2013 Asst. Year: 2009-10 Promens (India) Pvt. Ltd., Vs. ACIT, (OSD) Circle-5, 601, Venus Atlantis Corporate Ahmedabad. Park, 100 ft Road, Anandnagar Road, Prahaladnagar, Ahmedabad. Appellant Respondent PAN AACCS 1023J Appellant by Smt. Arti N. Shah, AR Respondent by Shri James Kurien, Sr.DR Date of hearing: 16/9/2016 Date of pronouncement: 21/9/2016 ORDER PER Rajpal Yadav, Judicial Member. This Miscellaneous Application is directed at instance of assessee pointing out that appeal was dismissed vide Tribunal s order dated 16/05/2013 for want of prosecution. It is pleaded that notice of hearing was given to Accountant who failed to intimate Chartered Accountant concerned and because of this reason nobody could appear at time of hearing. 2 MA No.88/Ahd/2016 In ITA No.18/Ahd/2013 Asst. Year 2009-10 2. With assistance of ld. Representative, we are satisfied that assessee was prevented by sufficient reason for not appearing on date of hearing. Therefore, we recall order to its original number. Registry is directed to fix hearing of appeal on 5th December, 2016. No notice will be issued to both parties. 3. In result, Miscellaneous Application is allowed. Order pronounced in open Court on 21st September, 2016 Sd/- sd/- (Manish Borad) (Rajpal Yadav) Accountant Member Judicial Member Dated 21/9/2016 Mahata/- Copy of order forwarded to: 1. Appellant 2. Respondent 3. CIT concerned 4. CIT(A) concerned 5. DR, ITAT, Ahmedabad 6. Guard File BY ORDER Asst. Registrar, ITAT, Ahmedabad 3 MA No.88/Ahd/2016 In ITA No.18/Ahd/2013 Asst. Year 2009-10 1. Date of dictation: 16/09/2016 2. Date on which typed draft is placed before Dictating Member: 20/09/2016 other Member: 3. Date on which approved draft comes to Sr. P. S./P.S.: 4. Date on which fair order is placed before Dictating Member for pronouncement: __________ 5. Date on which fair order comes back to Sr. P.S./P.S.: 6. Date on which file goes to Bench Clerk: 21/9/2016 7. Date on which file goes to Head Clerk: 8. date on which file goes to Assistant Registrar for signature on order: 9. Date of Despatch of Order: Promens (India) Pvt. Ltd. v. ACIT, (OSD) Circle-5, Ahmedabad