TMI Blog2004 (11) TMI 592X X X X Extracts X X X X X X X X Extracts X X X X ..... ently, an application was moved under section 254(2) of the Income Tax Act, 1961 (hereinafter referred to as the Act ), by the assessed. An appeal being IT Appeal No. 168 of 2003, was also filed by the assessed in this court. During the pendency of the appeal, the Tribunal disposed of the assessed's application by passing an order dated 16-3-2004, recalling its earlier order of 12-12-2002. Th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al was heard afresh by the Tribunal and it ultimately passed an order thereon on 11-6-2004. The revenue, being aggrieved by this order has filed the appeal being IT Appeal 662 of 2004. The question of admissibility of this appeal is dependant on the fate of the appeal being IT Appeal No. 491 of 2004. 2. Insofar as IT Appeal No. 491 of 2004 is concerned, we admit the same and, at the request of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e given in favor of the revenue in affirmative and against the assessed. 4. In view of this, the order dated 16-3-2004, whereby the entire order dated 12-12-2002 has been recalled cannot be sustained. Accordingly, the appeal (IT Appeal 491 of 2004) is allowed and the Tribunal's order dated 16-3-2004, is quashed and set aside. 5. The result of this is that, the order impugned in IT Appeal ..... X X X X Extracts X X X X X X X X Extracts X X X X
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