2000 (5) TMI 589

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....M. Kennedy, JDR, for the Respondent. [Order per : Archana Wadhwa, Member (J)]. - We find that the duty of Rs. 8,24,923.58 and of Rs. 8,66,070.98 have been directed by the Commissioner to be appropriated from the cash security deposit given by the importer in terms of the P.D. Bond. As such, the duty confirmed vide the impugned order already stands deposited by the appellants. Accordingly, af....

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....h March, 1999. The appellant came to know about the hearing date from other appellant Shri A.K. Bansal on 8th March over phone and thereafter, he tried to fax an adjournment letter to the Office of the Commissionerate. However, the successful transmission could not be made as the fax machine was switched off. The adjournment request could only be transmitted on 10th March, 1999. In these circumsta....

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....nts neither is there any reply. In view of what has been stated by the appellants, we find that it was in the interest of justice that the appellants should have been given an another chance to put forth their case. Anyhow, the fact remains that the impugned order has been passed without hearing the appellants in persons and in the absence of the any reply filed by them. As such we feel that it wo....