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2004 (10) TMI 353

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..... dent. [Order per : S.L. Peeran, Member (J)]. -  These appeals arise from O-I-O No. CE-2/2003, dated 10th March, 2003. This is an ex parte order passed by the Commissioner without granting an opportunity of hearing and rejecting the plea for an adjournment. Therefore, on fully hearing both the sides, the Bench is satisfied that this matter has to go back to the Commissioner for de novo consi .....

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..... ted DG Set. As they found that the adjacent site to the factory where they had installed the DG Set fell within the Revenue jurisdiction of Nadendlavari Kandriga village, they applied to the Commissioner of Customs and Central Excise, Guntur to declare the Nadendlavari Kandriga village as a Warehousing Station under Section 9 of the Customs Act, 1962. The site plan already submitted clearly establ .....

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..... s issue also. The learned SDR opposed the prayer and submitted that the Bench cannot give any direction to the Commissioner to dispose of the application of the appellant pertaining to the declaration of Nadendlavari Kandriga as a Bonded Warehousing Station. 3. On our careful consideration, we find that the appellants had made an application in terms of law for declaring their adjacent site .....

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