2015 (12) TMI 257

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....For the Respondents : Mr. Ratnesh Kumar, Advocate ORDER Per D.N. Patel, J.: 1. This writ petition has been preferred challenging the exparte order passed by the Commissioner (Appeals), Central Excise & Service Tax, Ranchi, whereby, stay application has been decided exparte and there was an order to deposit whole amount within a period of one month and as the predeposit was not complied with,....

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....011 dated 5th January, 2012 [as stated at AnnexureA to the counter affidavit which is a communication by the Superintendent (Appeals), Central Excise & Service Tax, Ranchi] and StayOrder No. 07/JSR/2011 dated 5th December, 2011 [as stated in the order passed by the Commissioner (Appeals), Central Excise & Service Tax, Ranchi] was passed without giving any opportunity of being heard to the petition....

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....y application preferred by the petitioner against the OrderInOriginal No. 13/STax/Addl./Commr./ 2011 dated 22nd June, 2011. We, hereby, quash and set aside the OrderInAppeal No. 177/JSR/2012 dated 4th September, 2012 as well as the order passed in stay application being StayOrder No. 07/JSR/2011 dated 5th January, 2012 [as stated at AnnexureA to the counter affidavit which is a communication by th....