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TMI Blog2010 (4) TMI 594X X X X Extracts X X X X X X X X Extracts X X X X ..... f Revenue has been noticed, but also several instances are coming to the notice of Tribunal which compels us to have the impression as above. – case is adjourned - C/599/2008 - C/74/2010 - Dated:- 16-4-2010 - S/Shri D.N. Panda, Member (J) and S.K. Gaule, Member (T) REPRESENTED BY: S/Shri Ranjeet, Clerk of K.K. Anand, Advocate, for the Appellant. Shri Mahesh Rastogi, DR, for the Respondent. [Order per D.N. Panda, Member (J)]. - The appellant has come in Misc. application registered 749/09 in relation to Customs Appeal No. 599/08. The prayer of the appellant is that they have deposited a sum of Rs. 25,000/- in terms of copy of challan dated 29-8-09 for which appeal may be restored. 2. The background of this case is consequ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... efore become necessary to send a copy of this order to the Chairman of Central Board of Excise Customs to guide its officers to properly brief the matter to the Counsel engaged in High Courts so that Revenue's case properly placed before the High Court. This is not only the instance where laxity of Revenue has been noticed, but also several instances are coming to the notice of Tribunal which compels us to have the impression as above. It is proper to reproduce anxiety of Hon'ble High Court of Gujarat expressed in para 21.1 of that judgment in the case of Elecon Engineering Co. Ltd. v. Union of India - 2005 (188) E.L.T, 257 (Guj.) as under:- "Thereafter, the matter was posted on 10th March, 2005 and from 10th March, 2005 to 16th March, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uestions of fact and law, public justice tends to suffer. We would greatly appreciate the Counsel appearing for the appellant who placed for consideration all aspects of the case on law and facts. It is, there fore, for the Secretaries of the Department of Law Justice and Finance to look into the matter and set their house in order; equally, the Attorney General of India should also see that the affairs in the Central Agency in the Supreme Court are organised accordingly. We have pointed out all this only to express our deep anxiety as the burden on the Court is multiplied to undertake unto itself the takes of investigating into all aspects to consider the case so as to reach satisfactory conclusion." 4. A copy of the challan produced b ..... X X X X Extracts X X X X X X X X Extracts X X X X
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