2019 (7) TMI 1581

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..... 2017 (12) TMI 1122 - ITAT MUMBAI ] reveals that the appeal filed by the assessee was dismissed and that no relief was granted to the assessee. We have further noticed that when the appeal was heard, no such fact regarding the pendency of appeal, filed by revenue was brought to the notice of Tribunal. The Tribunal after considering the material available on record dismissed the appeal of revenue. .....

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..... e light of pending appeal of revenue vide ITA No. 5132/Mum/2017. The ld. DR for the revenue made his submission on the line of contents of Miscellaneous Application. 2. None appeared on behalf of assessee. Perusal of record reveals that the notice of Miscellaneous Application was sent on more than four occasions. Neither the notice is return back unserved nor the assessee appeared. Therefore,co .....

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