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2015 (11) TMI 955 - HC - Central ExciseValidity of ex-parte order passed by the tribunal - Violation of principle of natural justice - Held that:- Show-cause notice was issued by the Respondent Department in the month of August, 2014 and reply to that show-cause was given on 13th October, 2014, in which it was specifically stated that the petitioners have received the notice for hearing dated 20th October, 2014 and it was requested that the matter be adjourned to some other date after 14th November, 2014. Thereafter, vide notice dated 21st October, 2014 respondent fixed hearing of the adjudication on 11th November, 2014. On the said date, counsel for the petitioner presented himself in the office of the respondent, but, the Commissioner of Central Excise, Jamshedpur was not available and therefore, this petitioner gave application praying therein that since the Commissioner is not available, the next date of hearing may be fixed in the month of December, 2014. Surprisingly, instead of the next date of hearing being fixed, the petitioner was served with an ex-parte order dated 9th February, 2015 passed without giving any adequate opportunity of being heard to the petitioner - Impugned order is set aside - Matter remanded back - Decided in favour of assessee.
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