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TMI Blog2011 (4) TMI 233X X X X Extracts X X X X X X X X Extracts X X X X ..... e proceed to decide the appeal itself, inasmuch as we find that the impugned order stand passed in gross violation of principles of natural justice. 2. For better appreciation, we reproduce Para 4, 5.1 & 5.2 of the order passed by Commissioner(Appeals). 4. Personal hearing in remand proceedings was fixed on 14.5.09 wherein request dt.12.5.09 was received on behalf of Shri S.N. Kant ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vant other records of the case and the relied upon case-laws in the subject appeal. 5.2 As narrated in Para 4 above, personal hearing in remand proceedings was fixed on 3 occasions but the appellant failed to turn up either in person or through their authorized representative in any of these. While re-fixing the personal hearing for the 3rd time on 25.6.09, it was clearly intimated to the appell ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the ground that the advocate has to appear in other pre-fixed matter on the said date before CESTAT Mumbai. He has further requested that he is appearing before the said authority on 25.6.09 in connection with the other matters and the hearing be adjourned to 15.7.09. 4. We really fail to understand if the above reasons given by the advocate are not sufficient reasons, what could be a bett ..... X X X X Extracts X X X X X X X X Extracts X X X X
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