9911796707
TMI Blog2008 (2) TMI 136X X X X Extracts X X X X X X X X Extracts X X X X ..... se Appeals and Stay Petitions have been filed on behalf of the Appellant: Newspaper Publishers. Two of these Appeals along with connected Stay Petitions have been listed today in which the ld. Advocates are requesting for long adjournment. In the third case similar long adjournment was sought earlier. 2. We find that for the reasons stated below, no useful purpose would be served by keeping these ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... taking its own time to finalize issue of an order under the said Section as already several months have elapsed from the date of the issue of the aforesaid letter dated 16-10-2007. It is our considered view that pending a decision under Section 28A, the Adjudicating Commissioner should not have confirmed the duty demand on the Newspaper Industries thereby leading to unnecessary & ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... spective of its size. They have claimed in their Appeals that the subsequent Notification No. 55/2006- Cus., dated 6-6-2006 is required to be considered as a clarificatory notification applicable to the intervening past period. This contention of the Appellants also require consideration by the Original Authority in the light of the decision of the Hon'ble Supreme Court in the case of W.P.I, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion No.55/2006-Cus. is of clarificatory nature and would have retrospective validity. The Appellants shall also be at liberty to raise any other ground before the Adjudicating Commissioner and they shall be given an adequate opportunity of hearing before passing fresh orders.
4. The Appeals are thus allowed by way of remand in the above terms.
(Pronounced in the open Court.)
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