TMI Blog2023 (11) TMI 572X X X X Extracts X X X X X X X X Extracts X X X X ..... manufacture of excisable goods in the appellant s EOU - HELD THAT:- The impugned order was passed ex-parte. From the observation made by the Adjudicating authority in the impugned order, it is clear that the appellant have neither availed the hearing given on various dates nor even filed the reply. It was also noted that the company was closed and all the hearing notices were returned. Now it ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is appeal the appellant has challenged the custom duty/ Excise duty demand on the raw material used and contained in the excess shrinkage and waste generated in the manufacture of excisable goods in the appellant s EOU. 2. Shri H.D.Dave, learned counsel appearing on behalf of the appellant submits that this issue is no longer res-integra as it has been decided by this Tribunal and various court ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s were fixed on 20.05.2013, 10.06.2013, 10.07.2013, 24.07.2013 and 19.09.2013, however, none of the noticees have come for hearing. The letters sent to them have been returned by the postal department. Earlier also the notices sent for hearing were returned by the postal department with the remarks this company is closed returned to sender/ left . They have neither replied to the SCN and none hav ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at the appellant have neither availed the hearing given on various dates nor even filed the reply. It was also noted that the company was closed and all the hearing notices were returned. Now we find that since the appellant are before us by filing the appeals and also effectively made present on the date of hearing and argued their case, through their Advocates the appellant are very much in cont ..... X X X X Extracts X X X X X X X X Extracts X X X X
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