2013 (10) TMI 1296

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..... ORDER Instant appeal arises from a common order passed by CESTAT dated 12-3-2013. 2.  It has been alleged by the appellant that adjudicating authority after affording of hearing to the respective parties finally passed the order dated 26-3-2012 and the appellant being aggrieved by the order of adjudicating authority preferred appeal before the Customs, Excise & Service Tax Appellate Tribun .....

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..... n 12-3-2013. 5.  The main thrust of submission of counsel for appellant is that their representative could not put appearance before the Id. Tribunal on 11-3-2013 and the next date was not made known to him and the usual practice of the Id. Tribunal in to send notice to the respective parties before final orders are passed in the pending appeals and as there was no notice of next date on whi .....

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..... Id. Tribunal was justified in deciding the appeal ex parte after looking into the material on record vide order impugned. 8.  We have considered submissions of the parties and we find substance in the submissions of the appellant. When the matter was listed on 11-3-2013, the appellant could not appear, ordinarily the party was to informed about the next date by messenger or through any othe .....

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