2002 (9) TMI 785

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..... [Order]. - On examining the records and hearing both sides, I find that the appeal itself can be disposed of finally at this stage. Heard both sides. 2. The Adjudicating Authority has disallowed Modvat credit of Rs. 5,73,142/- to the assessee and imposed on them a penalty of Rs. 50,000/-. Aggrieved by the decision of that authority, the assessee has preferred appeal to the Commissioner ....

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....earned Counsel for the appellants reiterates the grounds of appeal and submits that the impugned order was passed in violation of the principles of natural justice inasmuch as, no opportunity of being heard was granted by the Commissioner (Appeals) before passing that order. The learned Counsel further points out that no hearing was held on the modification application either and no speaking order....

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....of the interim stay order, they had specifically asked, inter alia, for a personal hearing in the appeal but that prayer was ignored by the Commissioner (Appeals) who, without notice to the appellants, rejected their appeal on the sole ground of non-compliance of Section 35F. It is further noted that, with reference to the modification application, the impugned order does not contain any reasoned ....