Tribunals and CommissionsDivision Bench(2014) 03 CESTAT CK 0001

M/s Golden Agro Corporation Deepak Agarwal, Proprietor vs CC, Jaipur

Customs, Excise And Service Tax Appellate Tribunal · Decided on 5 March 2014

HON’BLE JUDGES
D.N. Panda, J · Manmohan Singh, Technical Member
RESULT
Disposed Of
CASE NUMBER
Customs Appeal No. 56905, 56906 Of 2013

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Judgment

11 paragraphs · 233 words
1.

Ld. Counsel says that his client shall cooperate the department for expeditious adjudication, even though on previous occasion there was no reply to

Show Cause Notice filed. Revenue strongly objects to remand of the matter on the ground that the appellant although was given several opportunities

it did not appear before both the authorities below nor filed any reply to Show Cause Notice. Therefore any remand made would cause prejudice to

interest of Revenue.

2.

Ld. Counsel submits reply to Show Cause Notice in a sealed cover to the Id. Jt. CDR for transmission to the Id. Adjudicating Authority and

undertakes to cause appearance before the Id. Adjudicating authority by 15.4.2014 with an application to that authority to fix the date of hearing.

3.

In view of above cooperation of the appellant to grant a fair opportunity to the course of natural justice, Id. Jt. CDR shall transmit above sealed

cover to the Id. Adjudicating authority with an instruction to issue appropriate notice of hearing on 15.4.2014. Appellant shall not seek adjournment to

cause appearance and explain its case. If adjournment is sought, Id. Authority shall be at liberty to pass appropriate order on merit in accordance with

law. With this direction, both appeals are remanded to Id. Adjudicating authority expecting that an expeditious adjudication shall be completed at the

interest of justice and a reasoned and speaking order shall be passed.