2010 (4) TMI 648

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... e Single Member instead of Division Bench - order passed by the Single Member is without jurisdiction - Held that: - matter was placed before Hon'ble Single Member merely because the amount involved was less than Rs. 10 lakhs - application is allowed and the stay order is recalled and the stay application is restored
Justice R.M.S. Khandeparkar, President and Shri Rakesh Kumar, Member (T) REPR .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ing hearing of the matter. 3.This is an application for recall of the order dated 13-9-2007 [2010 (258) E.L.T. 248 (Tri.-Del.)] and for vacating the said stay order. It is the contention of the applicant that the stay application in appeal was wrongly placed before Hon'ble Single Member when the matter clearly involves the issue in relation to interpretation of exemption Notification and conseque .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... y involved or the duty involved". 5. Records apparently disclose that matter was placed before Hon'ble Single Member merely because the amount involved was less than Rs. 10 lakhs. Apart from that, there is no such specific order as such, by the President allotting the matter to the Hon'ble Single Member. Obviously, the same could not have been heard and decided either on merits or for any in .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X