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2017 (7) TMI 1303 - HC - Central ExciseViolation of principles of natural justice - lack of jurisdiction - case of the petitioner is that he appeared before the authority in August 2003 and submitted written submissions and the personal hearing was adjourned to September 2003 and even assuming that the personal hearing was held on 18.09.2003, the impugned order could not have been passed on 31.08.2003 - HELD THAT:- There is no explanation for this gross error committed by the authority, as no counter affidavit has been filed by the respondent. This Court is satisfied that the impugned order has been passed in violation of principles of natural justice. Since this Court is convinced that the impugned order is to be set aside on the above ground, the other issue regarding jurisdiction is left out. The matter is remanded back to the authority concerned to take a fresh decision in the matter, after affording reasonable opportunity to the petitioner - Petition allowed by way of remand.
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