2009 (7) TMI 819

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..... is thrown at the threshold without examining its merit – order recalled - order shall not to be a precedent order for citation by either side in future - appeal dismissed - ST/169/2009 - ST/79/2009(PB) - Dated:- 16-7-2009 - S/Shri D.N. Panda, Member (J) and Rakesh Kumar, Member (T) REPRESENTED BY : Shri Harvinder Singh, Advocate, for the Appellant. Shri Fateh Singh, DR, for the .....

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..... xty Eight Thousand Three Hundred Eighty Eight) with other penal consequence of law, the appellant shall suffer, if he is thrown at the threshold. Therefore, an opportunity may be granted for hearing of the stay application as well as appeal. 2.Learned DR opposes the application of the appellant on the ground that the appellant was not present on 28-4-09. They have no right for restoration of the .....

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..... st, 2009. Therefore, we are of considered view that this appellant should not be thrown without being heard on that day also. We therefore allow prayer of the appellant for recalling aforesaid order following the ratio laid down in the case of J.K. Synthetics Ltd. v. Collector of Central Excise reported in 1996 (86) E.L.T. 472 (S.C.) 3.2 Looking to the smallness of the demand, we also dire .....

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