Home Case Index All Cases Central Excise Central Excise + HC Central Excise - 2018 (10) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2018 (10) TMI 212 - HC - Central ExcisePrinciples of Natural Justice - non-speaking order - Whether in the facts and circumstances of the case and in law, is the order of the Tribunal is in breach of principle of natural justice inasmuch as it does not deal with Appellant's appeal in respect of penalty and yet dismissed it for reason for having confirmed the duty demand and penalty in the case of partnership firm in which the Appellant is a partner? Held that:- The impugned order dated 17th April, 2017 to the extent it disposes of the Appellant's appeal, is a non-speaking order. Accordingly, the substantial question of law is answered in the affirmative i.e. in favour of the Appellant and against the Revenue - the impugned order dated 17th April, 2017 is set aside to the extent it relates to Appellant herein. Appeal of the Appellant herein before the Tribunal, is restored to it for fresh disposal, in accordance with law by a speaking order.
|