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TMI Blog2009 (1) TMI 843X X X X Extracts X X X X X X X X Extracts X X X X ..... hwith. Respondents waive service. By consent of the parties, petition is taken up for final hearing forthwith. 2. The petitioner is aggrieved by the rejection of his misc. application arising out of ITA No.3527/M/2003 by the Income Tax Appellate Tribunal, 'J' Branch, Mumbai on 10/7/2007 ('the Tribunal' for short). 3. The petitioner had filed his return of income for the A.Y. 1995-96 u/s.139(1) o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gifts. 5. The petitioner carried an appeal to the Tribunal. By order dated 10/7/2007 the Tribunal dismissed the petitioner's appeal. As the order of the Tribunal suffered from various mistakes apparent on record the petitioner filed M.A.No.730/M/07 praying for rectification of mistakes. By the impugned order the said application was dismissed. The main grievance of the petitioner before the Trib ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dgment is delivered without taking into consideration the donor's statement, we deem it proper to set aside the order and remand the application to the Tribunal with direction to decide it afresh after hearing the parties in accordance with law. Order accordingly. 7. We make it clear that we have not expressed our opinion on the merits of the case and the Tribunal shall hear and dispose of the ma ..... X X X X Extracts X X X X X X X X Extracts X X X X
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