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Popular Mart, Shivalik Impex, Raghav Impex and White Leaf International Versus C.C., New Delhi (ICD TKD)

2016 (8) TMI 800 - CESTAT NEW DELHI

Request for supply of non-RUD before adjudication of the dispute - principles of natural justice - Held that: - the request of the appellant for supply of the non-RUDs has not been considered favorably by the adjudicating authority and no reasons hav .....

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lation of the principles of natural justice. Commissioner (adjudicating authority) directed to provide the non-RUDs and the assessed copies of bills of entries to the appellant and thereafter to issue the notice for personal hearing to the appellant .....

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- Mr. S.K. Mohanty, Member (Judicial) Present for the Appellant : Dr. G.K. Sarkar, Advocate Present for the Respondent : Shri Dharam Singh, D.R. ORDER Feeling aggrieved with the record of personal hearing held on 29.10.2015 in the chamber of the Pri .....

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r non-supply of non-RUDs" by the DRI is not proper and appropriate. The submission of the appellant is that non-supply of both RUDs and non RUDs for filing an effective and meaningful reply to the show cause notice is against the principles of n .....

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ng appeal before the Tribunal in terms of Section 129 A of the Customs Act, 1962 , Dr. G.K. Sarkar, Id. Advocate submits that in an identical situation, the Division Bench of the Bombay Tribunal has entertained the appeal in the case of Swiber Offsho .....

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ve no option but to accept the record of personal hearing dated 29.10.2015 as the order for the purpose of entertaining the appeal in terms of Section 129 A of the Act. 5. I find that the request of the appellant for supply of the non-RUDs has not be .....

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