Just a moment...

Report
FeedbackReport
Welcome to TaxTMI

We're migrating from taxmanagementindia.com to taxtmi.com and wish to make this transition convenient for you. We welcome your feedback and suggestions. Please report any errors you encounter so we can address them promptly.

Bars
Logo TaxTMI
>
×

By creating an account you can:

Feedback/Report an Error
Category :
Description :
Min 15 characters0/2000
TMI Blog
Home /

2000 (9) TMI 569

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....i, SDR, for the Respondents. [Order per : Archana Wadhwa, Member (J)]. - All the appeals are being disposed of by a common order as they arise out of the same impugned order of the Commissioner of Central Excise, Patna, vide which duty of Rs. 36,96,157.97 has been confirmed against M/s. Gillooram Gourishankar and penalties have been imposed upon the other appellants. 2. Shri B.N. Chattopa....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....the goods clandestinely under the second set of gate passes. Shri Chattopadhyay submits that during the course of adjudication, detailed reply was filed and each and every gate pass was explained. However, the said reply has not been taken into consideration and appreciated by the adjudicating authority. As such he submits that the impugned order is a non-speaking order and requires to be set asid....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....o decide the matter. As such submits the ld. Counsel that the impugned order is in violation of principles of natural justice. 4. Shri V.K. Chaturvedi, ld. SDR appearing for the Revenue submits that it is a clear case of clandestine removal of the goods inasmuch as duplicate and triplicate copies of the gate pass have been recovered from the official as well as the residential premises of th....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....d order was passed. It is seen that the date of hearing was fixed on 4-12-1997 and the order was passed after about a period of three months i.e. on 16-2-1998, during which another date of hearing could have been fixed by the adjudicating authority. As such we observe that there has been a violation of principles of natural justice. 6. We also note that the appellants had filed a detailed re....