2010 (3) TMI 312 - HC - Central Excise

Bombay HC sets aside Tribunal order, citing breach of natural justice, remands for reconsideration. Order must be reasoned within 6 months.

The Bombay HC set aside the Tribunal's order for breaching natural justice, remanding the matter for reconsideration. The Tribunal must issue a reasoned ... Appellate Tribunal’ s order- held that-It is absolutely clear that the said other suffers from breach of principles of natural justice inasmuch as neither the contentions of the parties are recorded nor the same are dealt with by reasoned order. The Tribunal is expected to bear in mind that the orders passed by the Tribunal are always subjected to judicial review by the higher forum. Unreasoned order does not indicate the mind of the adjudicating authority. The Bombay High Court set aside the Tribunal's order due to a breach of natural justice, remitting the matter back for reconsideration following principles of natural justice. The Tribunal is instructed to provide a reasoned order within six months. Appeal disposed of with no costs.