2013 (10) TMI 141

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..... been read by the Tribunal - The Tribunal ought to have taken fresh steps for service to the appellant in the manner prescribed under law - The Tribunal committed error in rejecting the application of the appellant – Appeal was allowed. - Central Excise Appeal No. 265 of 2012 - - - Dated:- 23-3-2012 - Ashok Bhushan and Prakash Krishna, JJ. Shri A.P. Mathur, Counsel, for the Appellant. S .....

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..... to the appellant in the appeal which was returned with the endorsement of postal authorities there is nobody in the factory . The Tribunal proceeded to decide the appeal on merits and allowed the appeal of the Revenue and disposed of the cross-objection of the appellant by the order dated 3-2-2011. The appellant filed an application to recall the order of the Tribunal which has been rejected by t .....

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..... to the refusal of the appellant nor that can be read as factory is closed as has been read by the Tribunal. The Tribunal ought to have taken fresh steps for service to the appellant in the manner prescribed under law. 6. The Tribunal committed error in rejecting the application of the appellant. Admittedly, the order was passed without hearing the appellant, hence we are satisfied that there w .....

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