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TMI Blog2018 (4) TMI 1392X X X X Extracts X X X X X X X X Extracts X X X X ..... t: - Even the order of the Tribunal shows that the appellant was not before the Tribunal and considering the fact that the appellant has deposited the entire duty under question, we are inclined to grant one more opportunity to the appellant - The parties are relegated before the Tribunal - appeal allowed by way of remand. - Central Excise Appeal No. 11 of 2016 - - - Dated:- 1-2-2018 - MR. S. V ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al. 3. Mr. Ladda, learned advocate for the respondent submits that after the department filed an appeal before the Tribunal, the Tribunal had issued notice to the other side thereby providing opportunity of filing Crossobjection. The appellant failed to file any Crossobjection before the Tribunal. The appellant cannot turn around and contend otherwise. 4. We had asked the learned advocate fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... into the said debate. Even the order of the Tribunal shows that the appellant was not before the Tribunal and considering the fact that the appellant has deposited the entire duty under question, we are inclined to grant one more opportunity to the appellant. 8. In the light of above, the impugned order of the Tribunal is quashed and set aside. The parties are relegated before the Tribunal. The ..... X X X X Extracts X X X X X X X X Extracts X X X X
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