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TMI Blog2019 (1) TMI 1552X X X X Extracts X X X X X X X X Extracts X X X X ..... the case , we, therefore, are of the opinion that the assessee should be given one more opportunity to present his case on merits. Accordingly, we hereby recall the exparte order and direct the Registry to post the same for hearing on 15.02.2019. - Miscellaneous Appl ication No.555/MUM/2017 (Arising out of ITA No.5280/Mum/2016) - - - Dated:- 17-1-2019 - SHRI SAKTIJIT DEY, JUDICIAL MEMBER AND ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the adjournment and the case was decided ex-parte in the absence of the assessee. The ld AR submitted before the bench the non appearance was not deliberate and was due to the reasons beyond the control of the assessee. Now, ld. AR has submitted before us that since the case of the assessee has not been heard on merits, therefore, it would be in the interest of justice and fairplay if the exparte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the opinion that the assessee should be given one more opportunity to present his case on merits. Accordingly, we hereby recall the exparte order dated 27.04.2018, passed by the Tribunal in ITA No.5280/Mum/2016 and direct the Registry to post the same for hearing on 15.02.2019. We order accordingly. 5. In the result, miscellaneous application of the assessee is allowed. Order pronounced i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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