TMI Blog2014 (8) TMI 348X X X X Extracts X X X X X X X X Extracts X X X X ..... Justice M. R. Shah) 1. Leave to amend the petition with a prayer to challenge the original order passed by the tribunal dated 15/04/2013 dismissing the appeal ex-parte. 2. In the facts and circumstances of the case and with the consent of the learned advocates appearing on behalf of the respective parties, the present petition is taken up for final hearing today. 3. By way of this petition und ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... -10 by which the learned tribunal dismissed the said appeal in absence of the assessee and/or its advocate. Thereafter, the applicant preferred Miscellaneous Application to set aside ex-parte order and to hear the appeal on merits. However by impugned order, the tribunal has dismissed the said application. 5. Having heard the learned advocates appearing on behalf of the respective parties and in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... etition and restoring the matter to the file of the learned tribunal to decide the appeal afresh in accordance with law and on its own merits. 7. Shri Ranchh, learned advocate appearing on behalf of the petitioner has assured this Court that the representative of the assessee and/or its advocate shall cooperate in early disposal of the appeal and as and when the appeal is taken up for hearing, th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e learned tribunal in early disposal of the appeal and as and when the appeal is taken up for hearing, the representative of the petitioner and/or its advocate shall remain present. On deposit of the amount of Rs. 5000/-, Registry is directed to transmit the same to the Gujarat State Legal Services Authority. Rule is made absolute.
Direct service is permitted. X X X X Extracts X X X X X X X X Extracts X X X X
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