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2012 (4) TMI 453 - HC - Income TaxWrit of certiorari - assessee contested that the AO completed the assessment ex-parte under Section 144 – delay in filing the revision petition before the CIT- Held that:- Assessment order dated 28.2.2003 was never served on the petitioner firm or any of its partners and that it was for the first time that the petitioner firm came to know of the passing of the assessment order when the application filed by the income tax department before the Debt Recovery Tribunal came up for hearing - there existed reasonable cause for the delay in filing the revision petition before the CIT under Section 264 - CIT is directed to take up the revision petition and decide the same on merits in accordant with law after giving due opportunity to the petitioner firm of being heard – in favour of assessee.
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