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TMI Blog2016 (12) TMI 789X X X X Extracts X X X X X X X X Extracts X X X X ..... . Seethapathy, Adv., For the respondent ORDER The impugned order dated 20.04.2005 passed by the ld. Commissioner (Appeals), has disposed six appeals with total disregard to the law and also the appellate direction made by the ld. Commissioner (Appeals) vide OIA No. 158/2004 dated 19.10.2004 on the self-same cause that arose out of the adjudication order dated 23/29.3.2004 and 29.7.2004. T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appearance and explain its case raising his defence if any, on facts and law leading evidence. c) The authority shall not pre-judge the matter what he has done in page-4 of his adjudication order dated 31/12/2004. He shall make his independent decision as an authority under law without being influenced by the appellate order dated 7.10.2005, which was subject matter of appeal in appea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o the adjudicating authority to follow same guidelines as above and pass appropriate order. We may remind the authority that manner of writing an order has been guided by Apex Court in the case of Joint Commissioner of Income Tax, Surat Vs. Saheli Leasing & Industries Ltd.-2010 (253) ELT 705. Those guidelines should be strictly followed while passing re-adjudication order. For convenie ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rest and one does not feel like parting or leaving it in the midway. To elaborate, it should have flow and perfect sequence of events, which would continue to generate interest in the reader. (d) Appropriate care should be taken not to load it with all legal knowledge on the subject as citation of too many judgments creates more confusion rather than clarity. The foremost requirement is tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... agitation or to a particular society. Nothing should be reflected in the same which may hurt the feelings or emotions of any individual or society." 3. We expect that all the eight matters shall be heard analogous and orders passed considering the law, evidence and material facts. 4. With the above direction all the eight appeals are remanded to the adjudicating authority for fresh d ..... X X X X Extracts X X X X X X X X Extracts X X X X
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