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2015 (12) TMI 257 - JHARKHAND HIGH COURT

2015 (12) TMI 257 - JHARKHAND HIGH COURT - 2015 (325) E.L.T. 865 (Jhar.) , 2015 (40) S.T.R. 1068 (Jhar.) - Restoration of appeal - Non compliance with pre deposit order - Exparte order - Held that:- Commissioner (Appeals) should not have decided exparte stay application. Moreover, the order passed in the stay application has also not yet been served upon the petitioner nor it is annexed with the counter affidavit. As there is violation of principles of natural justice in deciding the stay applic .....

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by the Commissioner (Appeals), Central Excise & Service Tax, Ranchi, whereby, stay application has been decided exparte and there was an order to deposit whole amount within a period of one month and as the predeposit was not complied with, an appeal preferred by the petitioner before the Commissioner (Appeals) has also been dismissed. As exparte order was passed for predeposit and there was noncompliance of the said order, therefore, present writ petition has been preferred with a prayer t .....

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nchi, it appears that the StayOrder No. 07/JSR/2011 dated 5th January, 2012 [as stated at AnnexureA to the counter affidavit which is a communication by the Superintendent (Appeals), Central Excise & Service Tax, Ranchi] and StayOrder No. 07/JSR/2011 dated 5th December, 2011 [as stated in the order passed by the Commissioner (Appeals), Central Excise & Service Tax, Ranchi] was passed without giving any opportunity of being heard to the petitioner. The stay application was decided exparte .....

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