1997 (11) TMI 112

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....is made returnable forthwith and the petition is taken up for final disposal. 2.The petitioner is a SSI unit and holder of Central Excise licence No. J12/CH. 72/46/94 and manufacturer of Iron and Steel Products falling under Chapter Heading Nos. 72 and 73 of Central Excise Tariff Act, 1985, and availing the exemption benefit as per the Notification No. 1/93, dated 28-2-1993. According to the pe....

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....Rule 57-I of the Central Excise Act (sic), 1944, and as to why penalty shall not be imposed as per the provisions of Rule 173Q of the said Rules. 4.The petitioner filed its reply denying the facts alleged and reiterated his entitlement under the deemed Modvat credit. 5.It appears that the petitioner was not represented and the respondent No. 4 passed ex parte order confirming the demand of R....

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....s not fulfilled that does not necessarily mean that the appeal ought to be dismissed for non-compliance of the said condition. Therefore, the petitioner submits that the impugned order dismissing the appeal is not proper in law and same may be set aside. 8.We have heard Shri Sharma, learned Counsel for the petitioner and Shri Varma, learned Counsel for the respondent Union of India. We have als....

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....rant of stay, we feel, has no relation with dismissal of appeal in default. The Tribunal ought to have decided the appeal on merits. Since there is failure of principles of natural justice the impugned order is liable to be set aside and the matter requires to be remanded to the appellate authority for disposal in accordance with law. 11.In the result, writ petition is allowed. The order passed....