TMI Blog2019 (1) TMI 1867X X X X Extracts X X X X X X X X Extracts X X X X ..... MAHAVIR PRASAD, J. 1. By virtue of this Miscellaneous Application filed by the Assessee u/s 254(2) of the Act, the Assessee intends to recall the impugned ex parte order dt. 13-08-2018 passed by this Tribunal. 2. The Ld. AR before us submitted as under: 1) This Miscellaneous Application is made for recalling the order passed by the Hon'ble Bench on 13-8-2018. 2) The appeal is filed by t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or the adjournment. 5) The hearing was fixed on 7-8-2018 and the notice is also served to the company. Unfortunately, Mr Rakesh Bhavsar could not reach timely and therefore the matter was disposed by Hon'ble Bench for want of attendance by ex-parte order dtd 13-8-2018 stating that the assessee is not interested in pursuing the matter and was decided ex-parte 6) The appellant therefore pray ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... CWT reported in 223 ITR 480(MP) the Tribunal dismissed the appeal of assessee by passing ex parte order for non prosecution. We find that there was sufficient reason for the assessee in not appearing before the Tribunal on the said date of hearing [13-08- 2018]. Therefore, in view of submission of assessee we recall the order dated 13-08-2018 by allowing this Misc. Application filed by the assess ..... X X X X Extracts X X X X X X X X Extracts X X X X
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