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Issues: Whether the first appellate authority could dismiss the assessee's appeal for non-prosecution instead of deciding the grounds on merits, and whether the matter should be restored for fresh disposal.
Analysis: The appeal arose from an ex parte order by the first appellate authority dismissing the assessee's appeal because of repeated adjournments. The Tribunal held that the appellate authority was required to examine each ground raised and dispose of the appeal on merits, and that the appellate framework did not permit dismissal merely for want of prosecution.
Conclusion: The impugned order was set aside and the appeal was restored to the first appellate authority for fresh disposal in accordance with law.