Miscellaneous Application U/s. 254(2) of the I.T.Act.
To,
The Income Tax Appellate Tribunal,
‘I’ Bench,
Mumbai.
Ref: In The Income Tax Appellate Tribunal, I Bench Mumbai.
ITA No. 3/M/1999
A.Y. 1996-97.
ABC ….Appellant
Versus
ACIT Cir-I(6), Mumbai ….Respondent.
Sub : Miscellaneous Application U/s. 254(2) of the I.T.Act.
Sir,
The above appeal was disposed off by Hon’ble Tribunal by the Order dated…………… which was served on the applicant on………………. The order has been passed expartee and appeal has been dismissed as nobody attended on behalf of the applicant.
The applicant states that there was some confusion as regards to the Bench hearing the matter. The council of the applicant was informed that the said matter is before ‘J’ bench of the Tribunal, Shri. ………………….., our council was out of station on said date and he did not make any arrangement since J bench was not functioning on 21st day of Jan. 2004, and as such nobody appeared on behalf of appellant. It is respectfully submitted that the order requires reconsideration since on similar facts the Hon’ble Tribunal has taken a different view the copy of the order in case of Subhash Sagar is enclosed.
In the circumstances mentioned above applicant respectfully submits that the miscellaneous application may please be allowed and the matter may please be heard. The Affidavit of the Appellant is also being filed herewith.
Yours faithfully,