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    <title>2005 (2) TMI 215 - CESTAT, MUMBAI</title>
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    <description>Lack of opportunity to present the case justified restoration of the appeal, as the Tribunal accepted that the applicant was not heard when the matter was called and that the circumstances stated in the restoration application were correct. The earlier observation that the amount involved was meagre did not prevent reconsideration, because the record showed that the merits had been discussed without affording a proper hearing. Prior participation of one Bench member in the earlier order also did not bar restoration. The miscellaneous application was allowed, and the appeal was restored for final hearing.</description>
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      <title>2005 (2) TMI 215 - CESTAT, MUMBAI</title>
      <link>https://www.taxtmi.com/caselaws?id=53844</link>
      <description>Lack of opportunity to present the case justified restoration of the appeal, as the Tribunal accepted that the applicant was not heard when the matter was called and that the circumstances stated in the restoration application were correct. The earlier observation that the amount involved was meagre did not prevent reconsideration, because the record showed that the merits had been discussed without affording a proper hearing. Prior participation of one Bench member in the earlier order also did not bar restoration. The miscellaneous application was allowed, and the appeal was restored for final hearing.</description>
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