2019 (9) TMI 281

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..... L ITTOOP, SRI. BIJISH B. TOM, SRI. JACOB TOMLIN VARGHESE, SMT. BABY SONIA AND SRI. GENS GEORGE ELAVINAMANNIL For The Respondent : SRI. RAMAVARMA REGHUNATHAN THAMBURAN, SC, CENTRAL BOARD OF EXCISE & CUSTOMS JUDGMENT Even though the appellant had raised questions of law touching upon the merits of the issue involved, learned counsel had pointed out that the impugned order of the Appellate Tribun .....

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..... further mentioned that the adjournment application was forwarded through registered post on 6. 12. 2018 and Annexure-G 'tracking report' of the postal department would indicate that the same was received in the office of the Tribunal on 8. 12. 2018. Therefore it is contended that the application was received well before the date of pronouncement of the order by the Tribunal and that the .....

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..... e we are inclined to remand the matter for a fresh hearing and disposal by the Appellate Tribunal. Hence, the above appeal is hereby allowed. The impugned order of the Customs, Excise and Service Tax Appellate Tribunal, South Zonal Bench, Bangalore in S. T. No. 41/2008-DB is hereby set aside. The appeal is directed to be restored to the files of the Tribunal. The said Tribunal shall dispose of t .....

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