TMI Blog2014 (8) TMI 909X X X X Extracts X X X X X X X X Extracts X X X X ..... l proceedings. - The impugned order is set aside which has set aside redemption fine on the respondent in original proceedings - Decided in favour of Revenue. - Appeal No. : C/559/2009 - ORDER No. A/11461/2014 - Dated:- 17-7-2014 - Mr. M.V. Ravindran and Mr. H.K. Thakur, JJ. For the Appellant : Shri Nagori (AR) For the Respondent : Shri Pradeep Kulkarni, CA. JUDGEMENT Per : Mr. M.V. Ravindran; This appal is filed by the Revenue against OIO No. KDL/Commr/09/09/10 dated 31.7.2009. 2. Despite notices, respondent did not turn-up nor has filed any adjournment application. 3. Since the matter is of 2009, we take up the appeal for disposal in the absence of any representation from the respondents. 4. Heard Depar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... C/1041/03 4 Shri Rajkumar Mundhra A/915 to 987/WZB/2004/C-1 dated 7.5.2004 C/101103 5 Shri S S Sharma A/195 to 211/WZB/2005/C-1 dated 11.03.2005 12/04 6 Shri Ajay Sharma A/195 to 211/WZB/2005/C-1 dated 11.03.2005 27/04 7 Shi Rajendra Kumar Mohta A/195 to 211/WZB/2005/C-1 dated 11.03.2005 04/04 (B) However, no appeal was filed by the main noticee M/s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d finality as no appeal had been filed. 6. On perusal of the records, we do notice that this Bench had remanded the matter aback in respect of the appellants as indicated in original proceedings to adjudicating authority to reconsider the issue. It is also noticed that M/s Agro Canners never filed an appeal against the confirmation of demands of customs duty or against the amount of redemption fine imposed in the original proceedings. In our considered view, the adjudicating authority in this denevo proceedings in respect of other notices and appellants could not have set aside the redemption fine which was imposed on the goods in the original proceedings. 7. The impugned order is set aside which has set aside redemption fine on the r ..... X X X X Extracts X X X X X X X X Extracts X X X X
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