2003 (7) TMI 87 - SCH - Central Excise

Appeal - Ex parte order - The original copy of the cause list which has been produced by the learned counsel for the appellants, prima facie reveals that the names of the learned counsel for the present appellants were not shown in the said cause list. The cause list produced by the learned counsel for the appellants be kept on record. The learned Additional Solicitor General appearing on behalf of the respondent was not in a position to point out anything to the contrary. From the judgment also it appears that the appeal was heard in the absence of the learned counsel for the appellants - Matter remitted back - Decided in favour of assessee.

Summary

The Supreme Court of India allowed an appeal, set aside an order by the High Court of Madras in Criminal Appeal No. 552/1993, and remitted the matter for fresh decision due to the absence of the appellants' counsel during the hearing.