Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

2004 (6) TMI 399

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... the Respondent. [Order per : P.G. Chacko, Member (J) (Oral)]. - After examining the records and hearing both sides, we find that the appeal itself requires to be summarily disposed of. Accordingly, after dispensing with the requirement of pre-deposit, we take up the appeal. 2. It appears from the records and submissions of both sides that these proceedings have originated from six show ca .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... peal also, the chief ground raised by the appellants is that natural justice was denied to them by both the lower authorities. The record of our past proceedings of this appeal shows that, on earlier occasions also, a dispute had arisen between the appellants' representative and the DR as to whether personal hearing had been held by the original authority in respect of all the show cause notices. .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... . One Shri M. Ramasubramaniam, Executive - Excise, of the company, has also signed. Smt. N. Minu, Assistant Commissioner of Central Excise, Madurai-I Division has also signed. This copy of the record of personal hearing has been attested by the Superintendent of Central Excise concerned. Yet another paper amongst the documents filed by SDR today is a letter dated 13-5-2004 of the Joint Commissione .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... written submissions before us and the same is, categorically, in relation to the show cause notice dated 17-5-1991 only. Thus it is an obvious fact that the Assistant Commissioner had heard the assessee and considered their written submissions only in relation to the show cause notice dated 17-5-1991. None of the remaining five show cause notices was part of the subject matter of the personal hear .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... y to pass a fresh order of adjudication in respect of all the six show cause notices after giving the assessee a reasonable opportunity of being heard in relation to all the notices. The original authority shall pass a speaking order within a period of three months from the date of receipt of a certified copy of this order, in accordance with law. 6. The appeal stands allowed by way of reman .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates