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2008 (11) TMI 361

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..... ch has been connected to the review order-in-appeal record also does not exhibit any date. In order to mitigate such hardship, assessee prayed that revenue shall produce original records, where reviewing authorities have passed the review order. Held that- allow the prayer and the matter shall be listed before the Bench on 26th November 2008. For such hearing of the matter, registry is directed to .....

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..... representative praying for recalling of the order passed today morning and reconsider the important issue relating to Review order in the light of the Tribunal in the case of CCE Bhubaneshwar-II v. Bhushan Ltd. (Misc. Order No. 890-891/08-Ex dated 21-10-08) [2008 (232) E.L.T. 238 (T)] we consider it proper to recall the said order since we were informed in the morning that a Division Bench of Tri .....

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..... hall produce original records, where reviewing authorities have passed the review order. 2. Learned counsel appearing for the respondent No. 1 submits that the review not being done within time prescribed by law and review order without being dated, such review order itself disables Revenue to prefer appeal against the orders passed by authorities below. 3. In the morning, we dismissed all the .....

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..... exist. Not only this was the defect but also the first page of the order not signed and undated. 4. We are of the view that authorities acting in the capacity of the statutory authority ought to have utmost regard to the law and while signing any order in the capacity of a statutory Authority should date the same to prove that the order has seen light of the day. We therefore direct the concerne .....

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..... prayed the Tribunal that if two weeks time is allowed they would meet to the requirement of this order and satisfy the court. We allow the prayer made above and the matter shall be listed before the Bench on 26th November 2008. For such hearing of the matter, registry is directed to issue notice to all the three parties who are involved in all these three appeals and also send a copy of this order .....

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