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TMI Blog2015 (9) TMI 300X X X X Extracts X X X X X X X X Extracts X X X X ..... nt Nobody is present on behalf of the assessee even in the revised reading of the cause list. Heard Shri Ashok Singh, Advocate on behalf of the department. Customs Excise & Gold (Control) Appellate Tribunal, New Delhi by means of the order dated 10.02.1997decided the appeal filed by the assessee and allowed the same. The department made an application seeking a reference on the alleged questi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s the reference application. The reference application, therefore, does not survive for consideration and the same has to be dismissed as infructuous, and I do accordingly." In order to keep the record straight it may be noticed that against the order of the Tribunal dated 01.06.2001, the department filed a Reference Application under Section 35 (G) of the Central Excise Act (as was then applicab ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eedings. Merely because the Rectification application had been rejected, it can not be said that the Reference Application has become infructuous. The considerations for deciding the Rectification Application and the Reference Application are entirely different which aspect of the matter has completely been ignored by the Tribunal while passing the order dated 01.06.2001. In the facts of the cas ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... drawn. In the facts and circumstances of the case, we are of the opinion that the order of the Tribunal dated 01.06.2001 cannot be legally sustained. It is hereby quashed. The Reference Application is restored to its original number. The Tribunal shall consider the Reference Application afresh after affording opportunity of hearing to the parties concerned preferably within eight weeks of the rec ..... X X X X Extracts X X X X X X X X Extracts X X X X
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