1996 (11) TMI 106

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....rned counsel for the assessee made a request in the Court seeking withdrawal of the appeal. The learned D.R. did not raise any objection to the aforesaid request and the matter was concluded. Later on, however, the contents of the withdrawal application were perused and this is what was stated therein : "Since the appeal against the quantum has already been rejected by the ITAT, the present app....

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....cided ex parte by means of an order dated31-10-1995in ITA No. 116/DEL/1990. We once again asked theId.counsel as to whether any application had been filed before the Tribunal seeking a recall of the ex parte order but the learned counsel categorically stated once again that the said order had been accepted by the assessee and they were not going to seek a recall of the order. 4. We had refixed ....