TMI Blog1993 (9) TMI 110X X X X Extracts X X X X X X X X Extracts X X X X ..... of the opinion that the case can be disposed of without notice to the other side, only by making certain directions. The impugned orders of the CEGAT are Annexure P 3 Stay Order No. 03 and 04/93-C, dated 28-12-1992 and Order No. 38 39/93-C dated 9-2-1993. The Order No. 03-04/93-C rejects the application under Section 35F of the Central Excises and Salt Act, in which the prayer for exemption fro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... note of the question of limitation if it is patent on the face of record. We do not find that the point about the show cause notice itself being beyond limitation was considered by the CEGAT. 4. However, the matter is still at interim stage and only an application under Section 35F of the Act has been decided and the case is posted, according to the learned Counsel for the petitioner, now on 25- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be produced by the petitioner before the CEGAT on 25-3-1993. The Tribunal shall be free to hear the matter on the same day or on such day as it deems fit but before proceeding to decide the appeal on merits, the Tribunal shall again dispose of the application under Section 35F of the Act in the light of the objection as to the show cause notice itself being beyond limitation. 5. With the aforesa ..... X X X X Extracts X X X X X X X X Extracts X X X X
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