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Imposition of cost by CESTAT on grounds of quality of adjudication order

Central Excise - F. No.390/CESTAT/69/2014-JC - Dated:- 22-12-2015 - F. No.390/CESTAT/69/2014-JC Government of India Ministry of Finance Department of Revenue Central Board of Excise & Customs (Judicial Cell) New Delhi Dated 22nd December, 2015 In .....

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issioners/ Commissioners of Customs, Central Excise & Service Tax/ Directorate of Legal Affairs 4. webmaster.cbec@icegate.gov.in Sub: During the recent past there have been certain decisions of the CESTAT wherein cost was imposed either on depart .....

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ment for ignoring ; (i) the directions and principles laid down made de novo order while Hon ble Tribunal directing the original adjudicating authority to re-examine the duty liability only , (ii) Principles of natural justice , (iii) the pleadings a .....

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ioners. However, it has been experienced that only such orders which are passed in favour of assesses are subjected to rigorous scrutiny and whenever the reviewing authorities are of the considered view that orders were not in conformity with the law .....

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ur of the Department also by the same standards. Needless to mention that such orders are avoidable in case the original adjudication orders/ appellate orders are examined critically during review by the competent authorities. 4. In view of alarming .....

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