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Assessee could file application for restoration if ITAT dismissed appeal without deciding it on merits

July 12, 2018[2018] 94 394 (Delhi)

IT : Where Tribunal dismissed assessee's appeal for non-prosecution instead of deciding it on merits, Tribunal exceeded its jurisdiction and in such circumstances, having regard to provisions of rule 24 of Appellate Tribunal Rules, it was open to assessee to approach Tribunal with a suitable application for restoration of appeal

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