06 November 2010
One of my clien's appeal has didmised by ITAT bench due to none present on due date. I want to file MISCELLANEOUS APPEAL to restore such appeal.Kindly provide me the formate of MIS. APPEAL because I dont see any particuler form in the ITAT ruls.Please give me that formate urgently.PLEASE ANYONE PROVIDE ME PEFORMA.
07 November 2010
The appellant can make out a petition to recall the ex parte order passed by the Tribunal. The Tribunal has power under Rule 24 of the Rules to restore the appeal decided ex parte. The petition for restoration should be in detail, explaining cause of absence, supported by material and affidavit, if possible.
No forms prescribed in Income tax rules,1962 or in Income tax (Appellate Tribunal) Rules,1963. Hence begin with the preamble of form 36 with a head line Miscellaneous petition.
Suitable modification may be done in form 36. In other words clauses 1 to 3 and 9 to 12 may be filled. Other clauses can be omitted. Head line miscellaneous petition not appeal.
Sir,What Kind of excuse we can take for non presence on the particular date of hearing...and with in how many days we can file this miscellaneous petition from the date of Order...What kind of Documents required to be attached with this petition..Whether the the Judge can levy Cost on the same??? and please send form 36 at my email ID Which is cssurajarora@gmail.com.
In fact We are used to see CLB and High Court matter and also send your email ID so that I can take your assistance to resolve my case.
On the Date of Application the Judge will Listen Only for Restoration of case or on the Whole Matter...Because we have applied for Restoration he Ought to listen only on Restoration.??/
CAclubindia
