TMI Blog2018 (1) TMI 1211X X X X Extracts X X X X X X X X Extracts X X X X ..... zation has not been signed by the said members or that the other member who had not mentioned the date below his/her signatures was not available on 28-6-2010 or that she has not applied her mind before signing it - the non-mentioning of the date below the signatures of one of the members of the committee is not in violation of any statutory rule rather a mere irregularity of a clerical nature whi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... urned undelivered nor acknowledgement has been received yet. 4. In view of the above, service of notice upon the respondent is deemed to be sufficient but no one has put in appearance on behalf of respondent. 5. Accordingly, the appeal has to proceed ex parte against it. 6. Heard Shri Praveen Kumar learned counsel for Central Excise. 7. The Excise department has challenged the order da ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Ufan Chemicals and connected appeal decided by the Division Bench of this Court vide judgment and order dated 5-9-2012 [2012 (290) E.L.T. 217 (All.)], it has been held that the purpose of obtaining authorization from the committee of Commissioners of Central Excise for filing appeal is to avoid filing of frivolous and unnecessary appeals. There are no statutory rules providing that the Commission ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... less contrary is proved. 13. It is not the case of any party that the authorization has not been signed by the said members or that the other member who had not mentioned the date below his/her signatures was not available on 28-6-2010 or that she has not applied her mind before signing it. 14. In view of the above, the non-mentioning of the date below the signatures of one of the members of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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