2006 (1) TMI 285

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..... JDR, for the Respondent. [Order]. -  All these 3 appeals are directed against two orders-in-appeal both dated 19-1-2004 passed by the same Commissioner (Appeals) wherein the appeals of the appellants were rejected. 2. Heard both sides. The main point agitated by the learned Advocate is that the adjudicating authority has not granted an effective personal hearing to them and order-in-o .....

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..... -5-2003 which could have been passed after granting a personal hearing on 26-2-2003 as requested by the appellants. 3. Further, I find that the appellants have taken this as a main ground of appeal before the appellate authority and the appellate authority has not even though it fit to consider the said ground in his order-in-appeal. The appellate authority has not considered the fact of ex- .....

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..... to appear before the adjudicating authority and cooperate. At this stage learned D.R. requests that there should be a time bound direction to the authorities to decide the matter. The adjudicating authority is directed to decide the matter within 6 weeks from the date of receipt of this order. Appeals are allowed by way of remand. (Dictated & pronounced in the open Court.)
Case laws, Decision .....

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