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2013 (10) TMI 1296 - HC - Central ExciseValidity of Tribunal's order - Violation of principle of natural justice - Hearing date not known to assessee - Held that:- When the matter was listed on 11-3-2013, the appellant could not appear, ordinarily the party was to informed about the next date by messenger or through any other mode but if the matter was fixed on 11-3-2013 and the Id. Tribunal posted it on 12-3-2013 and passed ex parte order dismissing the appeal, certainly his rights have been jeopardized by not affording a reasonable opportunity of hearing and this being a settled principle of administrative law that no one should be condemned unheard, passing of the ex parte order impugned herein dismissing the appeal of the appellant, has certainly affected his right of hearing. In the facts & circumstances, we find that a reasonable opportunity, as observed, has not been afforded to the appellant - Matter remanded back - Decided in favour of assessee.
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