| 36. Hearing.
 (1) (a) If the  appellate authority does  not  summarily reject  the appeal,  it shall  fix a date  for hearing. The  date  so fixed  shall  not  be  earlier  than   ten  days   from  the  date   on  which intimation thereof  is  given  to the  appellant or to his  agent:
 
 Provided that,  a date  earlier  than  aforesaid may  be fixed for  hearing, if the  appellant or his  agent  agrees  thereto in writing.
 
 (b)    The  authority aforesaid may  for sufficient reasons adjourn at any  stage  the  hearing of an appeal to a different time  on  the  same  day  or any  other  day  so however that  the day  to which  the  hearing is adjourned shall  not  be earlier than  ten  days  from  the  day  on which intimation thereof  is given  to the  appellant or to  his  agent:
 
 Provided that,  a date  earlier  than  aforesaid may  be fixed for  hearing an  appeal if the  appellant or  his  agent  agrees thereto in  writing.
 
 (2)   If on  the  date  and  at  the  time  fixed  for hearing or on  any other  date   or  at  any  other   time   to  which  the  hearing  may  be adjourned, the  appellant does  not  appear before  the  said  authority either in person or  through an agent,  the  said  authority may  dismiss the  appeal or may  decide it  ex-parte,  as it may  think  fit:
 
 Provided that,  if within thirty  days  from  the  date  on which the appeal  was  dismissed or  decided ex- parte,  under this  sub-rule, the appellant  makes  an  application to the  appellate authority for setting aside  the  order  and  satisfies it  that  the  intimation of  the  date  of hearing was  not  duly  served  on  him  or  that  he  was  prevented by sufficient cause  from  appearing when   the  appeal was  called   for hearing the  said  authority  shall  make  an  order  setting   aside  the dismissal or  ex-parte  decision upon  such  terms  as it thinks fit,  and shall  appoint a day  for proceeding with  the  appeal.
 
 (3) (a)   Every  appellate authority including the  Tribunal shall maintain registers showing the  particulars  regarding the chronological order  of the  filing  of appeals and  also  the quantum of relief  sought.
 
 (b)  For   the   purposes   of   these   rules,   the   expression   ?quantum of relief  sought?  means:?
 
 (i) the  aggregate  of the  amount of tax  or penalty or interest, if  any  or  sum  forfeited   or  demanded  and  the amount claimed by the  appellant as refundable, or
 
 (ii) the  difference  between  the  amount of  refund claimed by the  appellant and  the  amount of refund granted in the  order  against which the  appeal is filed,  or
 
 (iii) the difference of the  amount of tax  or penalty or interest, if any,  or sum  forfeited, demanded and  the  amount accepted by the  appellant to be payable.
 
 (4)   Every  appellate authority including the  Tribunal shall  fix dates  for hearing in such  a way  that  half  of the  cases  fixed for hearing during  any  month are the  cases  where  appeals, if any  are filed  against any  order  passed  under section 56 or where  appeals are filed  earlier  to all  other  appeals and  the  remaining half  shall  be out  of the  balance appeals involving the  highest  quantum of relief  sought.
 
 
 
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