2000 (12) TMI 378

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..... . Peeran, Member (J)]. The stay applications and appeals arise from independent orders of the Commissioner under provisions of Section 35F of the Act dismissing the appeals for non-compliance of his Interim order in as much as that appellants have not deposited the amounts as directed by him. The appellants being common, all the stay applications and appeals are taken up for disposal. 2. T .....

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..... e carefully considered and perused the records and notice that the Interim order and the final order of dismissal under the provisions of Section 35F for non-deposit has been passed ex parte without granting an opportunity of hearing. Such an order has been held to be bad in law by Madras High Court in the case of ITC Ltd. Others v. CCE as reported in 2001 (127) E.L.T. 338 (T) = 2000 (1) ECL 97 .....

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