2012 (11) TMI 736

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..... ing was sent to their address or not, therefore, in the interest of justice, matter should go back to the adjudicating authority for fresh adjudication after giving a reasonable opportunity to the appellant to present their case - impugned order is set aside and sent the matter back to the adjudicating authority for fresh adjudication after giving a reasonable opportunity to the appellant to prese .....

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..... een passed on 07.01.1999 and they have not received the impugned order. When they received the impugned order, they filed the appeal immediately. Since the impugned order is an ex parte order and the same has not been received by them till 2011, therefore, the impugned order has to be set aside and the matter be remanded to the adjudicating authority for fresh adjudication after giving them an opp .....

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..... ellant left for Dubai in the year 1997 and came back in 2003, therefore, they are not aware whether any show cause notice or notice of hearing was sent to their address or not. In these circumstances, we waive the requirement of pre-deposit of the impugned demand and take up the appeal itself for final disposal. 6. As the impugned order is an ex parte order, therefore, in the interest of justice .....

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