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In the present case, when appeals filed for the respective years came up for hearing before the Tribunal on 19th Nov., 2015, they were dismissed by Annex. D order. It was also specifically provided in the order that "if the assessee on a later stage gives explanation in regard to its non-appearance before the Tribunal on the date of hearing before the Tribunal by filing a miscellaneous application as per the ITAT Rules and if the Bench is so satisfied these appeals of the assessee can be recalled for hearing on merits.

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Section 14, 68 & 158BBE of the Income Tax Act, 1961 — Depreciation — Unabsorbed depreciation — Assessee was entitled to set off of carry forward Unabsorbed depreciation against income assessed under section 68 — Vijaya Hospitality and Resorts Ltd vs. Commissioner of income tax [2019]419 ITR 322 (Kerala)

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