2008 (7) TMI 821

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....for the Respondent. [Order per : S.S. Kang, Vice-President]. -  The applicant filed this application for recalling the ex parte Final Order dated 11-4-2008. The contention of the applicant is that on the date of hearing, ld. Counsel appeared before Hon'ble Delhi High Court in a writ petition and when he reached the Tribunal the case was already decided and immediately thereafter application....

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....efore, it is not a case for imposition of penalty. 3. The ld. DR appearing on behalf of the Revenue submitted that as the issue settled by the Larger Bench and applicant has wrongly claimed the abatement in respect of durable and returnable packing, therefore, it is a case for imposition of penalty. 4. We find that Hon'ble Supreme Court in the case of J.K. Synthetics (supra) held that ....