Tribunals and CommissionsDivision Bench(2015) 03 CESTAT CK 0008

M/s. La Surab International vs C.C. Air Cargo (Export) New Delhi

Customs, Excise And Service Tax Appellate Tribunal · Decided on 30 March 2015

HON’BLE JUDGES
Ashok Jindal, J · R. K. Singh, Technical Member
RESULT
Disposed Of
CASE NUMBER
Customs Miscellaneous Application No. 50134 Of 2015, Customs Appeal No. 50228 Of 2015

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Judgment

10 paragraphs · 168 words
1.

The applicant is seeking early hearing of the appeal on the ground that impugned order has been passed in the absence of non obtaining of EODC

from DGFT which they have obtained after passing the impugned order. Therefore, appeal be heard on priority basis.

2.

Therefore, we allow the application for early hearing and considering the status of the matter we have taken up the appeal itself today for

consideration.

3.

As discussed above the impugned order has been passed in the absence of EODC obtained from DGFT which later on was obtained by the

appellant. In these circumstances, matter needs examination at the end of Adjudicating Authority to verify, he EODC obtained by the appellant from

DGFT.

4.

Therefore, the impugned order is set aside. Matter is remanded back to the Adjudicating Authority for consideration of EODC obtained from DGFT

and thereafter to pass an appropriate order in accordance with law. Appeal is disposed of by way of remand.

(Dictated and pronounced in the open court)