2005 (10) TMI 560

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.... ORDER (Per : HONOURABLE MR.JUSTICE D.A.MEHTA) 1. Mr. K.B. Trivedi, learned Senior Advocate appearing on behalf of the petitioners, seeks permission to withdraw the petition, so as to enable the petitioners to approach the learned President of Customs, Excise and Service Tax Appellate Tribunal so as to seek a direction to the Bench which originally heard the appeal to state the point or po....

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..... & V.P., Lucknow, [1953] 23 ITR 15 (All.) and Madras High Court in the case of Income-tax Officer, Company Circle-ii(i), Madras & Ors. Vs. Vice-President, Income-tax Appellate Tribunal, Madras & Ors., [1985] 155 ITR 310 (Mad.) in relation to the powers of the Third Members. 2. It is not necessary to deal with any aspect of the controversy on merits considering the fact that the petitioners are....