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2016 (7) TMI 149 - SUPREME COURT

2016 (7) TMI 149 - SUPREME COURT - 2016 (337) E.L.T. 481 (SC) - Restoration of appeal before the Tribunal - CESTAT dismissed the appeal for non prosecution - due to inadvertance the counsel for the assessee could not remain present before the Customs, Excise & Service Tax Appellate Tribunal - SC restored the appeal before the tribunal subject to the condition that entire amount of duty as demanded shall be pre-deposited. - CIVIL APPEAL NO.5386 OF 2016 Petition(s) for Special Leave to Appeal (C) .....

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appearing for the appellant that due to inadvertance the counsel for the assessee could not remain present before the Customs, Excise & Service Tax Appellate Tribunal (for short, 'the tribunal') when the appeal was taken up for hearing as a consequence of which necessary points could not be urged by the assessee before the tribunal and a decision came to be rendered in favour of the revenue. On a perusal of the impugned order, it appears that none was present for the respondent befor .....

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