https://www.taxtmi.com/caselaws?id=102664 Omission to consider a material part of the controversy can justify recall of a dismissal order and restoration of the appeal; here, the Tribunal reopened the dismissal because the goods described as shuttering and centering had not been dealt with, and the appeal was listed for fresh hearing. An adjournment, however, is not a matter of right, and refusal of an adjournment request, even if alleged to be erroneous, does not by itself entitle a party to restoration. The explanation for absence of instructions was found unconvincing, so restoration on that ground was refused and the related appeal remained rejected. en-us Tue, 16 Oct 2001 00:00:00 +0530 Wed, 15 Feb 2012 16:36:23 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=102664 Omission to consider a material part of the controversy can justify recall of a dismissal order and restoration of the appeal; here, the Tribunal reopened the dismissal because the goods described as shuttering and centering had not been dealt with, and the appeal was listed for fresh hearing. An adjournment, however, is not a matter of right, and refusal of an adjournment request, even if alleged to be erroneous, does not by itself entitle a party to restoration. The explanation for absence of instructions was found unconvincing, so restoration on that ground was refused and the related appeal remained rejected. Case-Laws Central Excise Tue, 16 Oct 2001 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=102664