2017 (3) TMI 1745

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....ns have been filed by the assessee to recall the exparte order of Tribunal dated 23/08/2016 in ITA No. 3275/Mum/2015 and ITA No.3276/Mum/2015 for the Assessment Years 2003-04 and 2004-05. 2. It was submitted by learned AR that notice fixing the date of hearing was not received by the assessee due to change of address, therefore, assessee could not appear before the Tribunal to attend the hearin....

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....same mail, we came to know that the Income tax appellate Tribunal has passed ex-parte order dt.28-Aug-2016 against the Appellant. Further, the Assessing Officer informed us about notices which were returned back due to inaccurate address available with the department and further asked to attend his office.  5. I further say that, on 16th December, 2016, the Appellant visited the ITO&....

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....e part of the Appellant was unintentional and withhout any malafide intention.   9. I further say that while going through the said ITAT Order dt. 23/08/2016, we came to know that ITAT had issued defect memo as well as RPAD notices to the Appellant. But due to the afore-mentioned reasons, the Appellant was unable to attend the hearings before the Tribunal for rectifying the defe....