2018 (4) TMI 945 - AT - Central Excise

Imposition of penalty - Held that - there are no findings or reference or recording or there is any communication as to whether the Tribunal has upheld the penalty on Shri Jitendra Gandhi or set it aside. In the absence of any such findings, Learned Counsel was correct in bringing to my notice the error in respect this applicant - the order needs to be recalled and the appeal reheard - appeal restored to its original number.

Summary

The applicant filed an application against a final order dated 06/10/2017. The Tribunal found errors in the order regarding the penalty imposed on Shri Jitendra Gandhi. The order was recalled, and the appeal was restored for rehearing on the penalty challenge. Appeal No. E/858/2012 of Shri Jitendra Gandhi is directed to be listed for disposal.