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    <title>2001 (5) TMI 294 - CEGAT, NEW DELHI</title>
    <link>https://www.taxtmi.com/caselaws?id=96194</link>
    <description>A remission application under Rule 49 of the Central Excise Rules, 1944 had to be decided by the Commissioner himself through a written speaking order after granting a reasonable personal hearing. A departmental letter issued by an Additional Commissioner could not substitute that statutory requirement, and the denial of hearing vitiated the decision-making process. The duty demand raised by letter was also unwarranted where the same subject matter was already pending in adjudication on show-cause notices. The impugned proceedings were therefore unsustainable, and the matter was remanded to the Commissioner for fresh decision in accordance with law.</description>
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    <pubDate>Thu, 17 May 2001 00:00:00 +0530</pubDate>
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      <title>2001 (5) TMI 294 - CEGAT, NEW DELHI</title>
      <link>https://www.taxtmi.com/caselaws?id=96194</link>
      <description>A remission application under Rule 49 of the Central Excise Rules, 1944 had to be decided by the Commissioner himself through a written speaking order after granting a reasonable personal hearing. A departmental letter issued by an Additional Commissioner could not substitute that statutory requirement, and the denial of hearing vitiated the decision-making process. The duty demand raised by letter was also unwarranted where the same subject matter was already pending in adjudication on show-cause notices. The impugned proceedings were therefore unsustainable, and the matter was remanded to the Commissioner for fresh decision in accordance with law.</description>
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      <pubDate>Thu, 17 May 2001 00:00:00 +0530</pubDate>
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