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    <title>2010 (11) TMI 332 - CESTAT, NEW DELHI</title>
    <link>https://www.taxtmi.com/caselaws?id=204821</link>
    <description>The Tribunal dismissed the application for restoration of appeal due to default in appearance by the advocate. It held that filing a second restoration application after the first one had been disposed of is impermissible, as the Tribunal becomes functus officio upon passing a reasoned order. The appellants&#039; reliance on a Supreme Court decision was deemed inapplicable due to differing circumstances. The Tribunal emphasized that inherent powers cannot be exercised as a matter of course and must be justified, which the applicants failed to do. Therefore, the application was dismissed based on lack of merit.</description>
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    <pubDate>Fri, 19 Nov 2010 00:00:00 +0530</pubDate>
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      <title>2010 (11) TMI 332 - CESTAT, NEW DELHI</title>
      <link>https://www.taxtmi.com/caselaws?id=204821</link>
      <description>The Tribunal dismissed the application for restoration of appeal due to default in appearance by the advocate. It held that filing a second restoration application after the first one had been disposed of is impermissible, as the Tribunal becomes functus officio upon passing a reasoned order. The appellants&#039; reliance on a Supreme Court decision was deemed inapplicable due to differing circumstances. The Tribunal emphasized that inherent powers cannot be exercised as a matter of course and must be justified, which the applicants failed to do. Therefore, the application was dismissed based on lack of merit.</description>
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      <pubDate>Fri, 19 Nov 2010 00:00:00 +0530</pubDate>
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