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TMI Blog2021 (7) TMI 190X X X X Extracts X X X X X X X X Extracts X X X X ..... ed Representative for the respondent ORDER Heard the parties. 2. Learned Counsel appearing for the appellant states that the impugned order has been practically passed ex-parte as the notice of personal hearing was not served upon them. Show cause notice was issued to the Jaipur address of the appellant company, and it was received by one person who was present at the address. However, the appe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... missioner and the same was issued to them vide forwarding letter dated 05.07.2018. Admittedly, appellant filed their appeal before the Commissioner (Appeals) on 24.07.2018. However, the Commissioner (Appeals) ignoring the fact on record that the order-in-original was returned back undelivered with the remark 'premises vacated' have erroneously presumed service of the order in normal course, and ac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hen the department has failed to serve notice inspite of their best efforts. 4. Learned Authorised Representative appearing for the Department opposes the appeal and also relies on the following case laws in support of their contention that there is sufficient service of order-in-original. 1) Sunbeam Garments (P) Ltd., vs. Commissioner -2010 (256) ELT A90 (SC). 2) Indore Municipal Corporation ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ccordingly, this appeal is allowed by way of remand and matter is remanded to the Commissioner (Appeals) with the direction to hear the appellant and pass order on merits in accordance with law. The appellant is also directed to appear before the Commissioner (Appeals) within a period of 45 days from the date of receipt of this order and seek opportunity of hearing. The appeal is allowed by way of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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