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2004 (5) TMI 22 - HC - Income TaxThis appeal is preferred by the Revenue against the order whereby the application of the assessee for recalling an order passed ex parte, was allowed by the Income-tax Appellate Tribunal - Revenue raised a question that the Tribunal has no power to review the entire order - In the instant case, the Tribunal decided the appeal on the merits and thereafter the Tribunal was approached for setting aside the ex parte order. The rules framed under section 255 of the Income-tax Act permit the Tribunal to set aside the order and to restore the matter for hearing in accordance with law - there is no substantial question of law and, therefore, this revenue’s appeal is required to be dismissed
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