2017 (12) TMI 1630

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....ri Jitendra Singh, Advocate, for the Respondent. ORDER [Order per : S.K. Mohanty, Member, J.]. - The applicant has filed this application for recalling the Final Order No. C/A/55545/2016, dated 22-11-2016 passed in Appeal No. C/581/2010-CU(DB). The reason explained in the application is that the appeal was decided ex parte, without proper notice of hearing to the respondent. 2. Ld. A....

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....order stating as follows :- "None is present on behalf of the assessee. Matter is adjourned to 22nd November, 2016. Issue notice." 6. However, on perusal of the case records, we do not find any notice has been communicated to the respondent, fixing the date of hearing on 22-11-2016. Thus, we are of the view that Final Order dated 22-11-2016 passed by this Tribunal ex parte can be recall....