2012 (9) TMI 1071

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....t : Pankaj Toprani For the Respondent : Rajarshi Dwivedy ORDER Dinesh Kumar Agarwal (Judicial Member) This Misc. Application filed by the assessee arises as a result of the order passed by the Tribunal in M.A. No. 433/Mum/2011 for A.Y. 2004-05 dtd. 11-7-2012 whereby the Tribunal has recalled the ex parte order passed in M.A. No. 319/Mum/2011 dtd. 22-7-2011. 2. In the Misc. Applicati....

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....ge No. 1 of the chart submitted by the assessee but did not consider page No. 2 of the chart wherein the assessee has briefly mentioned the facts and submissions pertaining to ground Nos. 3 to 7 taken by the assessee, therefore, there is a mistake in the order of the Tribunal in terms of section 254(2) of the Act and accordingly the order passed by the Tribunal to this limited extent is recalled t....