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2015 (2) TMI 827 - AT - Central ExciseRestoration of appeal - appeal was dismissed for Non compliance of pre deposit order - Availment of re-credit of excess duty paid - Supplementary invoices - Held that:- It is the submission of the appellant that they have not received the information of hearing fixed by the Commissioner (Appeals) and the stay order was passed exparte without hearing them on merits. Since, the appellant has complied the Stay Order of the Tribunal, the matter is remanded back to the adjudicating authority to decide the case on merits. Needless to say, that the Commissioner (Appeals) shall give a reasonable opportunity to the appellants to place their case on merits without insisting for pre-deposit, before taking a decision. I make it clear, that all the issues are kept open for the decision of the Adjudicating authority. The appeal is allowed by way of remand. - Decided in favour of assessee.
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