2015 (4) TMI 601

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....nt for the respondent nor was there any request for adjournment and that since the appeal being of the year 2005 is 8 years old and despite the notice having been issued on 1.11.2013, after several adjournments granted, absence of the respondent shows that they are not keen to pursue the remedy against Revenue's appeal. 2. Heard both the sides. 3. Shri Ranjan Khanna , ld. Departmental Representative, opposed the restoration applications pleading that the Tribunal while dismissing the appeals had gone into the merits of the case. 4. Ms. Surabhi Sinha , Advocate, ld. Counsel for the respondent pleaded that the respondent had neither received notice for hearing on 1.11.2013 nor they have received the copy of the Revenue's appe....

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....na Traders Vs. Commissioner of Central Excise, Panchkula reported in 2007 (219) ELT 79 ( P&H ), that in view of this, the Final Order allowing the Revenue's appeal ex parte without hearing the appellant is not correct and needs to be recalled and the appeal may be heard afresh after hearing both the sides. 5. We have considered the submissions from both the sides and perused the records. 6. The appeal is of the year 2005. From the order sheet available on record it is seen that this appeal had been listed for hearing on 23.04.2013 and since on that date, there was no court, it was adjourned to 20.08.2013. On 20.08.2013, since there was no court, the matter was adjourned to 11.10.2013 and on 11.08.2013 also, since one of the Member....