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2015 (12) TMI 257 - HC - Central ExciseRestoration of appeal - Non compliance with pre deposit order - Exparte order - Held that:- Commissioner (Appeals) should not have decided exparte stay application. Moreover, the order passed in the stay application has also not yet been served upon the petitioner nor it is annexed with the counter affidavit. As there is violation of principles of natural justice in deciding the stay application which is for waiver of the deposition of the amount, we hereby revive the appeal as well as the stay application preferred by the petitioner - Matter remanded back - Decided in favour of assessee.
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