TMI Blog1999 (8) TMI 559X X X X Extracts X X X X X X X X Extracts X X X X ..... spondents. [Order per : P.C. Jain, Vice President]. Ld. Advocate Shri Balbir Singh submits that the adjudicating authority while passing the impugned order has violated the directions of the Tribunal vide order dated 28th October, 1998. Tribunal s direction were to the effect that the adjudicating authority should inspect the furnace with the assistance of some Technical Authorities to c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t necessary to carry out any physical inspection of the furnaces installed by the assessee. 6(i) I have already visited a number of such units and had seen the functioning of these furnaces even before passing my first order. All these furnaces of being the same type there appears absolutely no need for me to carry out physical inspection of these furnaces again. 6(ii) In their letter dated 27 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ht of the Tribunal s direction as mentioned above. 3. The department should examine the case w.r.t. some technical expert as already directed. After taking the technical opinion of the technical person, that information should be made available to the appellants so that they have the opportunity to rebut the same. In view of the appeal having been decided by remand, as mentioned, Stay petition a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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