2001 (1) TMI 580

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..... er : S.L. Peeran, Member (J)]. - The stay application and appeal arise from the ex parte order of dismissal of appeal in terms of the provisions of Section 35F of the Central Excise Act, 1944 passed by the CCE(A) Hyderabad by order-in-appeal No. 123/2000, dated 28-6-2000 for non-compliance with his interim order of stay dated 29-2-2000. In this matter two adjournments have already been granted t .....

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..... tice as held by the Madras High Court in the case of ITC Ltd. (supra). All such matters where the Commissioner (Appeals) has passed ex parte orders have been set aside by the Tribunal and remanded for de novo consideration. Therefore, while granting waiver of pre-deposit of the amount involved in this case, we take up the appeal and remand the same to the CCE (A) for de novo consideration with a s .....

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