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TMI Blog2017 (12) TMI 979X X X X Extracts X X X X X X X X Extracts X X X X ..... ttee, learned adjudicating authority shall enquire as to the fate of that remand and appropriately consider result thereof while re-adjudicating the matter. - C/554 & 555/2008, C/556 & 557/2008 - A/91151-91154/17 - Dated:- 27-11-2017 - Dr. D N Panda, Judicial Member And Shri C J Mathew, Technical Member Shri T Vishwanathan, Advocate for appellants Ms. P. Vinitha Shekhar, Jt. Commissioner (AR) for respondent ORDER Per: Dr. D N Panda Perusal of the order of the learned Commissioner does not show whether he has examined the issue in reality. While the allegation in para 7.2 brings out the allegation in clear terms read with para 8.1 and 8.2 thereof, scrutiny thereof was not done by the authority. The event of impor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ollowing due process of law, shall pass appropriate order. 5. Learned DR at this stage brings out that the appellants went to the Agricultural Ministry in appeal against cancellation order dated 29/11/2005. In such appeal, learned Appellate Authority has observed as under: The appeal has been filed after 14 months of the issue of the order appealed against. Though the Central Government under Section 10 of the Insecticides Act 1968, may entertain an appeal after the expiry of the said period, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time, the appellant has not claimed any ground which has prevented them in filing the appeal, early. The contention of the appellant that the with ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d no opportunity was given to the appellant against such withdrawal. Though the CIB RC was implementing the modified procedure as approved by the Department of Agriculture and Cooperation dated 29th November 2005, the withdrawal of the import permit aught to have been only after giving an opportunity to the appellant. It is also relevant to mention that the fresh import permit dated 30th December 2005 for reduced quantity (100 MT) was issued suo-moto indicating their original application of 17th October 2005 as decided in the 259th Meeting of7 the Registration Committee. The approval letter does not indicate the reasons for drastic reduction of the quantity from 1800 to 100 MT. To this extent, the procedure adopted by the Registration Com ..... X X X X Extracts X X X X X X X X Extracts X X X X
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