LATE MR. WINSTON CHARELS FERNANDES ( LEGAL HEIR MR. RAIPH FERNANDES ), v. AO WD 19(3)-3,

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES G MUMBAI BEFORE SHRI R V EASWAR PRESIDENT AND SHRI B RAMAKOTAIAH ACCOUNTANT MEMBER MISCELLANEOUS APPLICATION NO: 108/MUM/2010 (ARISING OUT OF I T A NO: 1771/MUM/2009) (ASSESSMENT YEAR: 2005-06) LATE MR WINSTON CHARLES FERNANDES APPLICANT (LEGAL HEIR MR RALPH FERNANDES) (PAN: AAIPF2322E) VS INCOME TAX OFFICER 19(3)(3) MUMBAI RESPONDENT APPLICANT BY: NONE RESPONDENT BY: NONE O R D E R R V EASWAR PRESIDENT: THIS MISCELLANEOUS APPLICATION HAS BEEN MOVED BY T HE LEGAL HEIR OF THE ASSESSEE AGAINST THE EX PARTE ORDER PAS SED BY THE TRIBUNAL ON 17 TH DECEMBER 2009 DISMISSING THE APPEAL OF THE ASSESSEE FOR NON PROSECUTION. IT HAS BEEN STATED I N THE APPLICATION THAT THE ASSESSEE WINSTON CHARLES FERNANDES PASSE D AWAY ON 28 TH SEPTEMBER 2009 AND THE FAMILY WAS IN GRIEF AND TH EREFORE COULD NOT ATTEND THE HEARING BEFORE THE TRIBUNAL. IT IS THEREFORE PRAYED THAT THE EX PARTE ORDER BE RECALLED AND THE APPEAL BE POSTED AFRESH FOR HEARING. WE ARE SATISFIED THAT THE ORDE R SHOULD BE RECALLED IN THE CIRCUMSTANCES STATED IN THE MISCELL ANEOUS APPLICATION. WE DO SO AND POST THE APPEAL AFRESH F OR HEARING IN DUE COURSE. THE MISCELLANEOUS APPLICATION IS ALLOW ED. ORDER PRONOUNCED IN THE OPEN COURT ON 23 RD JULY 2010. SD/- SD/- (B RAMAKOTAIAH) (R V EASWAR) ACCOUNTANT MEMBER PRESIDENT MUMBAI DATED 23 RD JULY 2010 SALDANHA MA NO: 108/MUM/2010 2 COPY TO: 1. LATE MR WINSTON CHARLES FERNANDES L/H MR RALPH FERNANDES FLAT NO.6 CHARLES VILLE 2 ND FLOOR FIFTH ROAD TPS IV ALMEIDA PARK BANDRA (WEST) MUMBAI 400 050 2. ITO 19(3)(3) 3. CIT-19 4. CIT(A)-XIX 5. DR G BENCH TRUE COPY BY ORDER ASSTT. REGISTRAR ITAT MUMBAI