2009 (1) TMI 91

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..... the penalty under the Provisions of Rule 25 of the Central Excise Rules, 2002 – Appellant seeking permission to withdraw the Appeal & move to Tribunal by way of appropriate rectification application is accepted - 1976 of 2008 - - - Dated:- 13-1-2009 - D. A. MEHTA and ABHILASHA KUMARI, JJ. Mr. D.K. Trivedi for the Appellant. None for the respondent. ORDER [Order per D.A. MEHTA J. .....

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..... osed the penalty under the provisions of Rule 25 of the Central Excise Rules,2002 in a situation where the same was not a matter of examination before him? [4] Whether the Learned Commissioner (Appeals) was right in passing an ex-parte order without hearing the appellants? [5] Whether the Commissioner (Appeals) was right in imposing penalty under the provisions of Rule 25 of the Central Excise .....

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..... earned Advocate for the Appellant, in this regard, invited attention to the Memorandum of Appeal filed in the prescribed form before the Tribunal. 3. In the circumstances, the learned Advocate for the Appellant seeks permission to withdraw the Appeal so as to enable the Appellant to move the Tribunal by way of appropriate rectification application in accordance with law. Permission granted to .....

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