9911796707
TMI Blog2001 (9) TMI 614X X X X Extracts X X X X X X X X Extracts X X X X ..... [Order per : K.K. Bhatia, Member (T). This stay application is against the Order dated 23-11-2000 passed by the Commissioner (Appeals), Central Excise, Chandigarh in which he has dismissed the appeal of the party for not making the pre-deposit of Rs. 4 lakhs as directed vide Stay Order No. 58/Stay/2000, dated 7-6-2000 passed by the Commissioner (Appeals). 2. Shri K.K. Anand, Advocate a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... se facts, therefore, it is contended that the order appealed against is not sustainable. 3. Shri M.P. Singh, JDR for the Revenue submits that the Stay Order in this case was passed on due consideration of all the submissions made by the party and on affording them a personal hearing. Since the party did not carry out that order, the succeeding Commissioner (Appeals) has dismissed their appeal as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ls) had demitted the office, the incumbent Commissioner (Appeals) should have reconsidered the stay petition of the party and afforded them a fresh opportunity of personal hearing. The non-observance of this course of action and summary dismissal of the appeal on the grounds of non-compliance of the stay order dated 7-6-2000, in our view cannot be sustained in law, since it is passed in clear brea ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
