9911796707
TMI Blog1994 (7) TMI 137X X X X Extracts X X X X X X X X Extracts X X X X ..... lication duly supported with an affidavit duly sworn before the Oath Commissioner has also been filed in support of his stay application. The stay application was taken up for hearing. Shri V. Sridharan, learned Advocate pleaded that there is denial of principles of natural justice. The appellant had filed appeal before Collector (Appeals). He fairly stated that no stay application was filed. Later on, there was a communication from the Collector and in response to the communication from the Collector, the appellant had written a letter to the Collector (Appeals) for making a request for short adjournment and in that letter, it was duly mentioned that the stay application will be filed at the time of the hearing of the appeal. He pleaded th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the paper book and the Collector (Appeals) in his order has mentioned about the same in para 3. The appellant s letter on page 60 is reproduced below :- With reference to above subject, it is submitted that a personal hearing was fixed on 22-2-1994 before your goodself in above matter. In this regard, it is requested that undersigned, Authorised Signatory, will be at my native place (Ajmer) to attend to the marriage of my Brother in law. It is, therefore, requested to fix personal hearing in the Ist week of March 1994. At the time of personal hearing we shall submit stay application also. Sorry for inconvenience." Collector (Appeals) observation on page 64 of the paper book in Para 3 are also reproduced below :- 3. I have ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g. No notice before the dismissal has been issued. In these circumstances, we set aside the impugned order and remand the matter to the Collector of Central Excise (Appeals) having jurisdiction. Ld. Jt. CDR has no objection for remand of the matter. Collector (Appeals) before disposing of the appeal shall hear the stay application and dispose of the same on merits in accordance with law. In case the appellant still choose not to file a stay application before the Collector (Appeals), it will be open to Collector (Appeals) to dismiss the appeal for non compliance of Section 35F. It is, further, directed that the appellant should file the stay application if they so choose within 6 weeks from today. In the result, the stay application is disp ..... X X X X Extracts X X X X X X X X Extracts X X X X
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