2010 (1) TMI 608 - AT - Service Tax

Application for Restoration of appeal - submission of the applicant that they were not aware that the Department filed any appeal against the order before the Tribunal; they have not received copies of appeal memorandum from the Registry; they have not received personal hearing notice from the Tribunal, and that they have also not received copy of order of the Tribunal from the Tribunal - orders of the Commissioner (Appeals) was in favour of the applicant and the ex parte order of the Tribunal has been passed against the applicant - application allowed and order of the Tribunal recalled and the appeal restored

Summary

The respondent filed an application for restoration of appeal after being unaware of the Department's appeal. The Tribunal allowed the application, recalled the order, and restored the appeal to its original number. The appeal was scheduled for hearing on 25-2-2010.