2009 (2) TMI 174

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.... [Order per : D.N. Panda, Member (J)]. - Ld. Counsel Shri Malhotra submits that the appellant was prevented to reply to the show-cause-notice, since the unit was closed. He has no hesitation to submit entire facts & figures before the ld. Adjudicating Authority, if an opportunity of hearing is granted by the said authority. In the absence of hearing of the appellant, an order of adjudication was ....

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....e. 2. Ld. DR vehemently objects to the submissions of the ld. Counsel and submits that ld. Appellate authority below has passed an appropriate order. 3. Heard both sides and perused the record. After hearing both the sides, we are of the view that violation of natural justice cannot be said to be curable defect. Accordingly, we dispense pre-deposit and dispose of the appeal sending the matter ba....