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M/s. Vinod Choudhary Versus Union of India & Others

2016 (5) TMI 834 - RAJASTHAN HIGH COURT

Service of notice - Whether the CESTAT is justified in accepting that the order dated 21.12.2010 was adequately served upon the appellant - no evidence adduced as to whether the post was ever tendered or affixed in the manner provided under sub-secti .....

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the Act of 1944. No such prima facie satisfaction has been recorded by the Tribunal. - Appeal allowed by way of remand - D. B. Central Excise Appeal No. 45/2015 - Dated:- 7-4-2016 - Govind Mathur And Vineet Kothari, JJ. For the Appellant : Dr. A.A. B .....

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015 is justified in accepting that the order dated 21.12.2010 was adequately served upon the appellant though no evidence was adduced as to whether the post was ever tendered or affixed in the manner provided under sub-section (1) of Section 37 C of .....

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ing on behalf of the respondent submits that as per Section 37 C of the Central Excise Act, 1944 every decision or order passed or any summons or notices issued under this Act or the rules made thereunder, shall be deemed to have been served on the d .....

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it is to be deemed that the service was effected. We do not find any merit with the stand taken by the respondents. It is obligatory upon the Tribunal to satisfy itself about delivery or tendering of the notice before presuming that the notice was se .....

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