2015 (3) TMI 1389

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....jection/216, 236, 265/2007 - Misc. Order Nos. M/51536-51538/2015-EX(DB)<br>Central Excise<br>Shri Rakesh Kumar, Member (T) and S.K. Mohanty, Member (J) Shri Yashpal Sharma, DR, for the Appellant. Shri Shri Kiran Sawale, Advocate, for the Respondent. ORDER The respondent, a manufacturing unit engaged in manufacture of medicines, are located in the area specified in the State of Jammu & ....

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....e ld. DR. 2.&emsp;The Revenue's appeals were allowed by following the Tribunal's earlier Final Order Nos. A/999-1127/2012-EX(BR) = 2013 (290) E.L.T. 734 (Tri.-Del.). 3.&emsp;In respect of the above order of the Tribunal, these ROAs have been filed by for restoration of appeals. Since, earlier in this matter, RO applications had been filed which also had been dismissed vide final order dated ....

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....e there was genuine reason for non-appearance of the appellant, the final order dated 25-6-2013 may be recalled and that in similar circumstances, the Tribunal in the case of Shri ShashiKant Chaurasia and Ors. v. CCE-Delhi-I vide order dated 29-11-2013 reported in 2014-TIOL-201-CESTAT-DEL had recalled the final order. Shri Sawale, therefore, pleaded that the Final Order Nos. 56841-842/2013, dated ....

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....t there was bona fide reason for non-appearance of the appellant on 25-6-2013. In terms of the Apex Court judgment in the case of J.K. Synthetic v. Union of India reported in 1996 (86) E.L.T. 472 S.C. - when there are bona fide reasons for non-appearance of the appellant or the respondent as a result of which the adverse order is passed ex-parte, such order has to be recalled. 8.&emsp;In view o....