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M/s The Oudh Sugar Mills Ltd. Distt Sitapur Versus Customs Excise & Service Tax Appellate Tribunal And Ors.

2017 (2) TMI 1280 - ALLAHABAD HIGH COURT

Natural justice - CENVAT credit - input - Whether Tribunal was justified in deciding appeal ex parte and also dismissing recall application? - Held that: - it would be appropriate if Tribunal is directed to decide appeal afresh after hearing counsel .....

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n favour of Assessee - decided in favor of appellant. - CENTRAL EXCISE APPEAL No. - 10 of 2014 - Dated:- 16-2-2017 - Hon'ble Sudhir Agarwal, J. and Hon'ble Anant Kumar, J. For the Appellant :- Sudeep Kumar For the Respondent :- Dipak Seth ORD .....

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ated 28.07.2011 and 12.11.2013 passed by Customs, Excise and Service Tax Appellate Tribunal, Principal Bench, West Block 2, R.K.Puram, New Delhi (hereinafter referred to as "Tribunal") in Excise Appeal No. 1397/2009/SM. It decided appeal in .....

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n the facts and circumstances, the only substantial question of law which has been raised in this appeal is: "Whether Tribunal was justified in deciding appeal ex parte and also dismissing recall application?" 4. The dispute relates to cert .....

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.2011 when on behalf of Assessee none was present, hence Tribunal proceeded to decide appeal ex parte and dismissed the same following its earlier order in Jaypee Rewa Plant Vs. CCE, Raipur 2003 (159) ELT 553. 5. Apparently Jaypee Rewa Plant Vs. CCE, .....

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be no Court on 28.07.2011 and hence did not appear. This application was rejected by Tribunal on 03.08.2012 observing that since an order of stay was passed, it does not give any right to appellant to prolong the matter. Another application was filed .....

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ad knowledge of date as claimed or other reasons for non appearance are correct or not but since this appeal has been preferred on merits challenging the judgment and order dated 28.07.2011 also and we find that Tribunal has relied on a judgment whic .....

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other items, since then several matters have been decided by various Courts including Tribunals also. In our view, it would be appropriate if Tribunal is directed to decide appeal afresh after hearing counsel for appellant. 8. In view thereof but su .....

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