' The appellant through this miscellaneous application has requested for the recalling of the order of this Tribunal dated 27-3-2010 in I.T.A. No, 966/KB/2009 (Tax Year 2006) which was regarding the impugned order of the learned CIR(A) dated 26-11-2009. The learned A.R. Representing the appellant has contended that in response to notice sent by this Tribunal the appellant has sent an application for adjournment as due to the heavy flood in the Indus River the appellant could not arrange for the railway ticket and even the road transportation was not functioning at that time. He has contended that a close relative of the counsel of the appellant was also seriously ill and the counsel was obliged to stay at Sukkur with the willing relative. He has contended that the absence of the counsel of the appellant on 27-3-2010 was not intentionally and was due to the unavoidable circumstances. He has therefore, requested that the order dated 27-3-2010 may please be recalled and the appeal of the taxpayer may please be decided on merits after hearing the representative of the appellant.
2. On the other hand learned DR is opposing the application, he has however, unable to controvert the above referred facts contended by the learned counsel for the appellant/appellant.
3. We have heard the learned representative from both the sides and have also considered the facts of the case. We are of the view that as the learned counsel of the appellant has to come from Sukkur and due to floods and illness of his relative could not appear before this Tribunal. He has in this respect sent an application on 25-3-2010 requesting for the adjournment of the above- referred appeal fixed on 27-3-2009 but that application could net be placed before the bench at the time of hearing the appeal, subject-matter of this application. The acknowledgement from the Deltex Courier Service dated 25-3-2011 is also placed before this bench. Keeping in view these facts, the order of this Tribunal dated 27-3-2011 in I.T.A. No, 966/KB of 2009 is recalled and the appeal is directed to be placed at its original number and to be fixed for hearing after issuing notices to the concerned parties.
' The application filed by the taxpayer is allowed.