1996 (2) TMI 65

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....mposed upon the petitioner after initiating proceedings under section 271(1)(a) of the Income-tax Act, 1961. Aggrieved by the said order of penalty, the petitioner filed an appeal before the second respondent which was allowed. Aggrieved by the said order made by the second respondent, the Revenue filed an appeal before the third respondent. It is Submitted that the appeal was posted for hearing o....

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....laneous petitions and, therefore, decided to reject the request. The petitioner assails the said letter, exhibit P-6, sent by the Assistant Registrar. There is no doubt that exhibit P-4 order was passed ex parte. It is also not in dispute that the petitioner filed petitions to set aside those ex parte orders by filing petitions. The petitions filed by the petitioner to set aside those ex parte ....

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.... shall make an order setting aside the ex parte order by restoring the appeal. The proviso mandates the Tribunal to consider the petition of the petitioner and then decide the said petition on its merits. A reading of exhibit P-6 would show that the Tribunal decided not even to register the petitions and rejected them without giving an opportunity to the petitioner. Further it is seen from exhibit....