1999 (4) TMI 234

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..... an, JDR, for the Respondents. [Order per : G.A. Brahma Deva, Member (J)]. This appeal arises out of and is directed against the order-in-original passed by the Commissioner, Nava Sheva. 2. Arguing for the appellants, Shri S.N. Kantawala, Advocate submitted that the applicants have obtained a letter of indent as a 100% Export Oriented Unit. The initial approval was for cotton made-up be .....

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..... he party has obtained approval from the Ministry of Industry on 16-2-1994 and since it was subsequent to the order, the same was not considered. 2. Shri S. Ramanathan, JDR submitted that out of the 12 machines, 10 machines were more than 7 years old and accordingly, the Department was justified in demanding the duty on the ground that licence was required with reference to the 7 machines. The Co .....

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..... ation proceedings. The jurisdictional Commissioner may examine all the aspects and to pass an appropriate order in accordance with law after providing an opportunity to the appellants. Thus, this appeal is allowed by way of remand. Since the matter is old one, in view of the request made by the counsel, the adjudicating authority may expeditiously dispose of the matter on receipt of this order. Or .....

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