2019 (1) TMI 1867

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....lit P. Jain , Sr. D.R. ORDER SHRI MAHAVIR PRASAD, J. 1. By virtue of this Miscellaneous Application filed by the Assessee u/s 254(2) of the Act, the Assessee intends to recall the impugned ex parte order dt. 13-08-2018 passed by this Tribunal. 2. The Ld. AR before us submitted as under: 1) This Miscellaneous Application is made for recalling the order passed by the Hon'ble....

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....e. on 7-8-2018 though instructed by B K Patel and could not timely reach to mention for the adjournment. 5) The hearing was fixed on 7-8-2018 and the notice is also served to the company. Unfortunately, Mr Rakesh Bhavsar could not reach timely and therefore the matter was disposed by Hon'ble Bench for want of attendance by ex-parte order dtd 13-8-2018 stating that the assessee is not ....

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....ITD 320 (Del), Hon'ble Madhya Pradesh High Court in the case of Estate of late Tukojirao Holkar Vs. CWT reported in 223 ITR 480(MP) the Tribunal dismissed the appeal of assessee by passing ex parte order for non prosecution. We find that there was sufficient reason for the assessee in not appearing before the Tribunal on the said date of hearing [13-08- 2018]. Therefore, in view of submission ....