2016 (8) TMI 755

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....Assistant Solicitor General of India for respondents. ORDER: This appeal under Section 35G of the Central Excise Act, 1944 is directed against order dated 8.4.2015 passed by Customs, Excise and Service Tax Appellate Tribunal, Eastern Bench, Kolkata in Appeal No. Ex. Ap. 75246/2014. 2. A show cause notice, dated 26.5.2010, was issued to the appellant against alleged erroneous refund of Rs. 3,39,....

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....resent appeal. 3. It is argued on behalf of appellant that in all fairness, the Tribunal should have condoned the delay and decided the appeal on merit. 4. The impugned order reveals that on the date, when the case was called for hearing, no one had appeared on behalf of appellant. It is now settled that every endeavour should be made by the courts to decide the dispute on merit, instead of dism....