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2011 (3) TMI 1571

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....t. Written submission by the Respondent. ORDER Consequent to an offence case registered against M/s. Jay Bhagwati Textile Prints Pvt. Ltd., duty demand of Rs. 17,47,425/- with interest was confirmed on the ground that the appellant had removed processed fabrics without payment of duty. A penalty was also imposed on the second appellant namely Shri V.K. Chaudhary, the Director and penalty ....

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....s as per the Commissioner's order. 2. Revenue has filed this application in which Revenue is seeking recall of the above order and requesting to decide the same with the appeals filed by the Revenue which was pending during the relevant time. 3. The learned DR on behalf of the Revenue submitted that Revenue had also filed appeal Nos. E/1470-1471/09 against the impugned order-in-ori....

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....so submits that according to Rule 41 of CESTAT Procedure Rules, the Tribunal can make such orders or give such directions as may be necessary or expedient to give effect to its orders or to secure the hands of justice. He submits that in this case, to meet ends of justice, the order has to be recalled. No one has appeared on behalf of the respondents. However the learned advocate, Shri K.I. Vyas h....

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....t v. Jai Hunuman Dyeing & Printing Mills Pvt. Ltd. [2009 (237) E.L.T. 494 (Tri.-Ahmd.)] (3)     CCE, Surat v. Chandrakant Dyeing & Printing Mills [2009 (237) E.L.T. 302 (Tri.-Ahmd.)] 5. I have considered the submissions made by both the sides. I am unable to accept the contention of the learned advocate for the respondent that just because the Revenue has not filed s....