2014 (6) TMI 926 - AT - Income Tax

Non-appearance by the assessee on the appointed date of hearing - assessee has prayed for recalling of the ex-parte order - Held that - As there was sufficient cause for the non-appearance by the assessee at the time of hearing and therefore we deem it fit and proper to recall the ex-parte order dated 22.06.2012 (supra). The captioned appeal is directed to be listed for hearing before the regular Bench on 10.09.2014 to be adjudicated on merits as per law. Since the above date of hearing has been announced in the open Court in the presence of both the parties the requirement of issuance of a formal notice of hearing is hereby dispensed with.

Summary

Issues:
Recalling of ex-parte order due to non-appearance by the assessee.

Analysis:
The judgment pertains to a Miscellaneous Application filed by the assessee concerning the Tribunal's order dated 22.06.2012, where the appeal was dismissed ex-parte due to the assessee's non-appearance. The Tribunal had initially allowed the assessee to apply for recalling the order by demonstrating sufficient cause for the absence. The petitioner explained the circumstances leading to the non-appearance on the scheduled hearing date. After considering the reasons presented, the Tribunal found sufficient cause for the non-appearance and decided to recall the ex-parte order. The appeal is now set to be heard before the regular Bench on 10.09.2014 for a full adjudication on merits as per the law. The formal notice of hearing was waived as the date was announced in the open Court in the presence of both parties. Consequently, the Miscellaneous Application was allowed, and the decision was pronounced in the presence of both parties on 13th June, 2014.

This judgment highlights the importance of providing valid reasons for non-appearance in legal proceedings and the Tribunal's discretion to recall ex-parte orders based on sufficient cause shown by the party. It also emphasizes the procedural aspect of setting a new hearing date without the need for a formal notice if announced in the open Court with both parties present. The decision ensures that the assessee has the opportunity for a fair hearing before the regular Bench to address the merits of the case in accordance with the law.