2015 (12) TMI 1303

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....e Respondent : Mr Haja Mohideen Gisthi JUDGMENT ( Judgment of the Court was delivered by V. Ramasubramanian, J. ) This appeal is by the assessee questioning the ex parte decision of the CESTAT passed in an appeal filed by the Revenue. 2. Heard Mrs.L.Maithili, learned counsel for the appellant and Mr.Haja Mohideen Gisthi, learned counsel for the respondent. 3. The appellant imported two units ....

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....er (Appeals) holding that the goods are capital goods and that the appellant was eligible for the benefit of one of those two DEPB Scrips issued prior to the public notice. 4. The Revenue filed an appeal to the CESTAT as against that portion of the order which held that the assessee is entitled to the benefit of DEPB scrips dated 31.8.1999. The appeal was filed way back in the year 2004. On 25.9.....

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....h Sitting 7. 30.07.2011 07.09.2011 No Bench Sitting 8. No intimation 29.11.2011 No Bench Sitting 9. 02.01.2012 25.04.2012 No Bench Sitting 10. 19.07.2012 31.05.2012 No Bench Sitting 11.   03.09.2013 Adjournment sought by sending letter dated 13.08.13 12. 14.10.2013 24.12.2013 No Bench Sitting 13. No intimation 25.09.2014 Final order passed. 6. Mr.Haja Mohideen Gis....

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....from the tabular column given by the appellant herein that after 3rd September 2013, the date on which the adjournment was sought for by the appellant, the case was taken on two occasions viz., on 24.12.2013 and 25.9.2014 and the Tribunal rendered the decision. Therefore, we are of the considered view that one opportunity can be granted to the appellant, especially, in view of the fact that the be....