2023 (3) TMI 1588

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.... Tej Mohan Singh, Advocate For the Revenue  : Shri Dharamvir, JCIT, Sr.DR ORDER PER DIVA SINGH  By the present Miscellaneous Application filed by the assessee u/s 254(2) of the Income Tax Act, 1961 read with Rule 35A of the I.T. Rules, 1963 the assessee prays for recall of the ex-parte order dated 16.09.2016 in ITA No.223/CHD/2016 pertaining to 2009-10 assessment year which h....

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....dingly, the order is recalled. Support for recalling the order is drawn from the decision of the Hon'ble Delhi High Court in the case of ACIT Vs Ansal Housing and Construction (2005 ) 274 ITR 131 (Del ) and Khaitan Paper and Industries Ltd . Vs CIT 273 ITR 234 (Calcutta ). Said order was pronounced in the open court at the time of hearing itself in the presence of the parties. 5. After consider....