TaxTMI 
TaxTMI 
TaxTMI 
2023 (1) TMI 461
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....defects. After removal of defects, the early hearing application was listed before the Tribunal on August 2, 2022. As the Division Bench was not constituted, it was notified on the website of the Tribunal that the application would be listed on 11 August, 2022. On August 11, 2022, when the matter was taken up, the following order was passed :- "This appeal is directed against an order suspending the Customs Broker License. Though both the appellant and the learned counsel for the appellant have been served with the notice on 20th June, 2022 and 22nd June 2022 but they have not appeared to press the early hearing application. List the application on October 11, 2022". 2. Thereafter, when the matter was taken up on October 11, 2022, the ....
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....ed on 11.10.2022, has been served to the applicant therefore applicant could not appear on the said date of personal hearing fixed on 11.10.2022. Thus, it is clear that an ex-parte order has been passed without going into on merits of the case and without observing the principle of natural justice therefore, the said order dated 11.10.2022 is not sustainable in the eyes of law therefore deserves to be set aside by recalling said order dated 11.10.2022 and restoring the said early hearing application so that the case may be hear on merit by providing the principle of natural justice to the appellant. 4. Thus, non appearance before Tribunal on said date was beyond control of appellant as he had no prior knowledge of hearing. The appellant ....
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....ntents of the order, but also to know the next date fixed in the matter. To give effect to this system, a Public Notice dated 18.02.2019 was also issued by the Tribunal to bring to the notice of all that adjournment notices will not be sent as daily orders were being uploaded on the website and the status of the case could be found out from the website of the Tribunal i.e. www.cestatnew.gov.in by using the hyperlink "Daily Orders" or "Court Proceedings". The Public Notice also specifically mentions that in case the Bench does not sit for any reason, the adjourned dates of the listed matters will be uploaded in the "Court Proceedings". The said Public Notice is reproduced below :- "F. No. 01 (05)/Circular/CESTAT/2017 Customs, Excise & Ser....
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....10 066 CUSTOMS Appeal Bench Daily Court Proceeding Report DATE : 02/08/2022 S. No. Appeal Application Appellant Respondent Proce-edings Next Hearing date Type of Next Listing 1. C/51675/2021- CU (DB) C/EH/50509/ 2021 ASHOK MALHOTRA COMMISSIONER, CUSTOMS - NEW DELHI (AIRPORT AND GENERAL) Adj. 11/08/2022 MISC. MATTERS 2. ST/52013/ 2016-CU(DB) ST/MISC/ 50208/2022 KOMAL TAK COMMISSIONER, CUSTOMS - CENTRAL EXCISE - JAIPUR I Adj. 25/10/2022 REGULAR MATTERS 3. C/51737/2018- CU (DB) SHRI MOHD. WAZID NEW DELHI (PREV) Adj. 26/10/2022 REGULAR MATTERS xx xx xx xx xx xx xx xx 30. ST/52014/ 2016- ....
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.... order dated October 11, 2022 refers to the statement made in the earlier order dated August 11, 2022, wherein it was noted that both the appellant and the learned counsel for the appellant had been served with the notice, but they had not appeared to press the early hearing application. The reference in the order dated August 11, 2022 is to the notice sent by the Tribunal to the appellant and the learned counsel of the appellant regarding the matter being taken up on August 2, 2022. The applicant does not dispute that this notice was served. The application further alleges that an ex-parte order has been passed on October 11, 2022 without observing the principles of natural justice. Due intimation was given by the Tribunal about the dates ....