Tribunal restores appeal after assessee misses hearing date, emphasizes justice & sets new hearing.

The Tribunal recalled the order passed in ITA No. 215/Viz/2020 for the AY 2016-17, allowing the assessee's Miscellaneous Application due to missing the hearing date. The appeal was restored for a new hearing to uphold natural justice principles and prevent injustice to the assessee. The Tribunal stressed the importance of tracking hearing dates but granted another opportunity for the appeal to proceed on merits. The order was pronounced in open court on 13th October 2022.

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Issues involved:
1. Recall of the order passed by the Tribunal in ITA No. 215/Viz/2020 for the AY 2016-17.

Analysis:
The Miscellaneous Application was filed by the assessee seeking a recall of the order passed by the Tribunal in ITA No. 215/Viz/2020 for the AY 2016-17. The Authorized Representative highlighted that the assessee missed the hearing date due to lack of notice and requested the appeal to be restored for the interest of justice. The Departmental Representative, however, relied on the Tribunal's order. After hearing both parties and reviewing the reasons for non-appearance provided by the assessee, the Tribunal decided to recall the order dated 19/04/2022 and scheduled the appeal for a new hearing on 23/11/2022. The Tribunal emphasized the importance of the assessee keeping track of hearing dates but granted another opportunity for the appeal to be pursued on merits. The decision was made to ensure the principles of natural justice were followed and to prevent any injustice to the assessee. The assessee's Miscellaneous Application was allowed, and the order was pronounced in open court on 13th October 2022.

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