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    <title>2002 (8) TMI 366 - CEGAT, NEW DELHI</title>
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    <description>A remission application under Rule 49 of the Central Excise Rules, 1944 had to be decided by the Commissioner as a quasi-judicial matter, so rejection without giving a reasonable opportunity of hearing and without a speaking order could not stand. Because the refusal affected the assessee&#039;s duty liability, compliance with natural justice was required, and communication of the rejection through a subordinate officer was not the procedure contemplated by the rule. The rejection was set aside and the matter was remanded for fresh decision after hearing the assessee and issuing a reasoned order.</description>
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      <title>2002 (8) TMI 366 - CEGAT, NEW DELHI</title>
      <link>https://www.taxtmi.com/caselaws?id=102824</link>
      <description>A remission application under Rule 49 of the Central Excise Rules, 1944 had to be decided by the Commissioner as a quasi-judicial matter, so rejection without giving a reasonable opportunity of hearing and without a speaking order could not stand. Because the refusal affected the assessee&#039;s duty liability, compliance with natural justice was required, and communication of the rejection through a subordinate officer was not the procedure contemplated by the rule. The rejection was set aside and the matter was remanded for fresh decision after hearing the assessee and issuing a reasoned order.</description>
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      <pubDate>Fri, 09 Aug 2002 00:00:00 +0530</pubDate>
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