1990 (12) TMI 233

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.... Ganu, SDR, for the Respondents. [Order per : Harish Chander, Member (J)]. -  M/s. Honest Products, Rajkot, has filed an appeal being aggrieved from the order passed by Collector of Central Excise (Appeals) Bombay. The said appeal was received in the Bombay Registry, and thereafter transferred to the Tribunal in the West Regional Bench vide Stay Order No. 34/88-WRB dated 5th February, 1....

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.... be ordered and appeal may be disposed of. Alternatively, he also pleaded that if the other side has got no objection, the appeal be heard. 2. Shri B.S. Ganu, learned SDR, who has appeared on behalf of the respondent, stated that since there was non-compliance of provision of Section 35F, the Collector (Appeals) was within his jurisdiction to dismiss the appeal, but fairly stated that in case t....

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....ted that he has got no objection to the hearing of the appeal today. 4. We have already discussed the merits as to denial of principles of natural justice in the above paras. We are of the view that when the stay application was pending before the Collector of Central Excise (Appeals), he should have first disposed of the stay application and then he could have dismissed the appeal for non-comp....