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2011 (4) TMI 239

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..... passed its order on 7.1.2010 - Obviously, the Order-in-Original was passed in less than a month from the date on which the show-cause notice was received by the party - Apparently, the party was not given reasonable opportunity to reply to the show-cause notice or to be personally heard - These circumstances would call for a remand of the case to the original authority for passing fresh order in a .....

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..... ised by the appellant in the memorandum of appeal are seen to have been adopted in support of their stay application. Therefore, the appeal is taken up first. 3. This appeal of the department is against the Appellate Commissioner s order remanding the case to the lower authority for de novo adjudication in accordance with the principles of natural justice. The only ground raised in this appeal i .....

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..... ted by him for remand of the case cannot be overlooked. The show-cause notice, in this case, was issued on 7.12.2009. The first appellate authority passed its order on 29.4.2010. In between, the original authority had passed its order on 7.1.2010. Obviously, the Order-in-Original was passed in less than a month from the date on which the show-cause notice was received by the party. Apparently, the .....

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