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2015 (4) TMI 601 - AT - Central ExciseRestoration of appeals - Appeal dismissed for non prosecution - Ex-parte order passed - Held that:- on earlier occasions, the adjournment was not sought by the counsel for the respondent but on account of non-availability of the Bench, the matter was adjourned, it cannot be said that the respondent was not keen to pursue the remedy against Revenue's appeal. Moreover, from the letter dated 25.03.2014 from the Registry to the CPIO, CESTAT, New Delhi, which was sent to the respondent in response to their application under RTI Act, shows that there is no acknowledgement of the service of the appeal available with the Registry and also there is no acknowledgement of the service of the notice fixing the date of hearing on 02.01.2014 - Assessee had neither received the copy of the Revenue's appeal nor they had received the notice of hearing of the appeal on 2.1.2014. In view of these facts, we hold that non-appearance of the respondent at the time of hearing of the matter on 2.1.2014 was due to non-receipt of the notice of hearing and not only this, they had not received the copy of the Revenue's appeal. - Order recalled and appeal restored.
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