2009 (4) TMI 193

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..... wn to the earlier order which was relied upon by the learned Tribunal. Law is settled that procedure should not be allowed to come in the way of justice. It is not meant to trip justice. Defect if any is procedural and an irregularity and not illegality. In these circumstances, the petitioner should have been given an opportunity to cure the irregularity - Appeal is restored to the file of CEST .....

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..... y. In these circumstances, the petitioner should have been given an opportunity to cure the irregularity. That was not done. Even otherwise, if at the relevant time, the Commissioner, Belapur was holding additional charge of Central Excise, Raigad, there was no defect. Our attention is drawn to the earlier order which was relied upon by the learned Tribunal. Law is settled that procedure should no .....

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