Subscription   Feedback   New User   Login      
Tax Management India .com
TMI - Tax Management India. Com
Articles Highlights TMI Notes SMS News Newsletters Calendar Imp. Links Database Experts Contact us More....
Extracts
Home List
← Previous Next →

M/s. Parth Trading Company Versus Commissioner of Customs, Tuticorin

2016 (6) TMI 909 - CESTAT CHENNAI

Rectification of mistake in the order - request for release of the goods - It is noticed that this Bench has not passed the order in the appellate side. Learned counsel explains that the Technical Member who was the author of the order has retired in the meantime. However, the Judicial Member is continuing in this Bench. Therefore, he prays that as expeditiously as possible, MA(ROM) may be listed for hearing without causing any detriment to the interest of justice since goods are lying in the cu .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ternative arrangement for hearing the MA (ROM) as expeditiously as possible when the live consignment is in the custody of customs. - C/EH/40366/2016 in C/41936/2013 - Misc. Order No. 40229/2016 - Dated:- 18-5-2016 - Shri D.N. Panda, Judicial Member and Shri V. Padmanabhan, Technical Member Dr. G.K. Sarkar, Advocate for the Appellant Shri L. Paneerselvam, AC (AR) for the Respondent ORDER Learned counsel says that the present application has been filed to draw the attention of the Tribunal to exp .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

e by the learned counsel on behalf of the appellant. Specifically he draws attention to para 3 of the appellate order dated 23.12.2015 to highlight how mis-carriage of justice has been caused by Tribunal. He relied on para 17 and 18 of the adjudication order to say so. He states that DRI has suspicion without any evidence to proceed for investigation. This comes out from para 17 of the adjudication order and they biased the adjudicating authority. Relying on para 18 of the adjudication order, he .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

he adjudication order has travelled beyond show cause notice as well as law. Even argument on this count made by appellant was ignored by the Bench hearing the appeal. 2.3 Further contention of the learned counsel is that the judgments cited at page 4 of the appellate order did not get any consideration for no discussion thereon nor ratio laid down was followed by the Bench. His further grievance is also that the appeal was heard on 26.6.2015 and few days before expiry of six months the order wa .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

 

 

 

 

 

what is new what is new
  ↓     bird's eye view     ↓  


|| Home || Acts and Rules || Notifications || Circulars || Schedules || Tariff || Forms || Case Laws || Manuals ||

|| About us || Contact us || Disclaimer || Terms of Use || Privacy Policy || TMI Database || Members || Site Map ||

© Taxmanagementindia.com [A unit of MS Knowledge Processing Pvt. Ltd.] All rights reserved.

Go to Mobile Version