9911796707
TMI Blog2008 (12) TMI 725X X X X Extracts X X X X X X X X Extracts X X X X ..... ORDER Let affidavits of service affirmed on 12th November, 2008 and 12th December, 2008 and the supplementary affidavits filed in Court today be kept with the record. 2. This writ petition has been filed challenging the order dated 7th/9th July, 2008 passed by the learned Customs, Excise Service Tax Appellate Tribunal East Regional Bench, Kolkata on the ground that the date on which t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ptember, 2008 the Tribunal did not consider the statements in the application for recalling the order dated 7th/9th July, 2008 particularly in paragraph 3 thereof. Submission is that the reply to the show cause notice was not effective as it is evident from the letter dated 27th June, 2008 issued by the Senior Intelligence Officer that the photocopies of the documents mentioned therein were suppli ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... passed is just and proper. 5. Perusing the order dated 23rd September, 2008 I find that the Tribunal has not gone into the statements made in the application for recalling the order dated 7th/9th July, 2008 particularly in Paragraph 3. The Tribunal also did take note of the letter dated 27th June, 2008. Since the Tribunal did not deal with the statements made in the application for recalling th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and quashed. Hence, the Tribunal is directed to hear out the application for recalling the order dated 7th/9th July, 2008 afresh after giving the petitioners an opportunity of hearing. 7. Since the respondents were not called upon to file affidavits controverting the allegations, the allegations made in the writ petition are deemed not to have been admitted by them. 8. The writ petition is ..... X X X X Extracts X X X X X X X X Extracts X X X X
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