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TMI Blog2015 (7) TMI 1059X X X X Extracts X X X X X X X X Extracts X X X X ..... JM For the Appellant: Shri M.P. Machave For the Department: Ms. Nishtha Tiwari ORDER PER VIKAS AWASTHY, JM: The Miscellaneous Application has been filed by the assessee for recalling the order of Tribunal in ITA No. 890/PN/2011 for assessment year 2007-08 in the case of DCIT Vs. Western Precicast Pvt. Ltd. decided on 31-12-2012. 2. Shri M.P. Machave appearing on beh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... -2012. Since, both the appeals have to be heard together. The order of the Tribunal dismissing the appeal of the Revenue needs to be recalled. 3. Department was asked to furnish information, whether the Revenue has filed any appeal against the order of Tribunal before the Hon'ble High Court? The ld. DR after seeking necessary information from the concerned official submitted, that the Depar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . On the said date the ld. AR of the assessee informed that the appeal of the Revenue impugning the same order of the Commissioner of Income Tax (Appeals) was dismissed by the Tribunal on 31-12-2010. Since, both the appeals arising from same order are to be adjudicated together, hence the present application. 5. In the backdrop of the facts narrated above, we are of the view that since, the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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