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2018 (2) TMI 2089 - ITAT MUMBAIMiscellaneous Application seeking recall of the order passes ex-parte, without hearing the assessee - assessee submitted he had to assist an Advocate in a Write Petition filed before Hon'ble Bombay High Court and hence he could not appear before the Tribunal - as submitted that, on the very same date, another appeal which belong to the same group, was also listed before 'E' Bench and he had duly moved an application before the 'E' Bench seeking adjournment - As submitted that he inadvertently failed to take note of the date of hearing of the impugned appeal in his diary and hence an application seeking adjournment could not be moved HELD THAT:- Having regard to the submissions made by the assessee, we are of the view that there is sufficient cause for the assessee in not appearing before the Tribunal on the date of hearing. Accordingly, in exercise of powers vested with the Tribunal under Rule 24 of the Appellate Tribunal Rules, we recall the impugned order. We also direct the Registry to post the appeal for hearing in the normal course under notice to the parties.
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