2018 (10) TMI 1808

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.... Member (T) Shri Arun Goyal, Advocate, for the Appellant. Shri Sunil Kumar, DR, for the Respondent. ORDER The present miscellaneous application stands filed for withdrawal of Final Order No. 55777/2016, dated 8-12-2016 vide which the appeal was dismissed as withdrawn at the request of the Ld. Advocate himself. 2. However, Ld. Advocate submits that he did not realize the consequ....

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....in the case of Padiyur Sarvodaya Sangh v. Commissioner of Central Excise, Coimbatore - 2008 (227) E.L.T. 441 (Tri.-Chennai) & R.G. Gupta & Company v. Commissioner of Customs, Ludhiana - 2017 (358) E.L.T. 641 (Tri.-Chan.). 3. Reliance also stands placed upon the Hon'ble Mumbai High Court decision in the case of Commissioner of Customs & Central Excise, Goa v. Pankaj Jaju - 2014 (313) E.L.T.....

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....was dismissed as withdrawn. The question which arises is as to whether the appellant can now move an application seeking restoration of the appeal and recalling of the earlier order. We have seen this Tribunal decision referred (supra), wherein it stands held that Tribunal has the powers, on sufficient grounds to allow the application for recalling of the order of dismissal. The issue, also, st....