TaxTMI 
TaxTMI 
2023 (1) TMI 1547
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....so filed. However, as the appeal was filed with defects, notices were sent to the appellant to remove the 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. Li....
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....y the Hon'ble Tribunal. In this regard it is submitted that no any notice of personal hearing, which was fixed 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 be....
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....oaded on the website of the Tribunal so as to enable all the interested parties to not only know the actual contents 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....
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....s reproduced below :- "CUSTOMS, EXCISE & SERVICE TAX APPELLATE TRIBUNAL PRINCIPAL BENCH, WEST BLOCK NO. 2, R.K. PURAM, NEW DLEHI - 110 066 CUSTOMS Appeal Bench Daily Court Proceeding Report DATE : 02/08/2022 S. No. Appeal Application Appellant Respondent Proceeding S 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....
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.... 2022 also contains this matter and there is no reason as to why the learned counsel should not have marked the case in the cause list which was available on the website of the Tribunal. Even on the said date, learned counsel did not appear. 11. In paragraph 3 of the application, it has been stated that statement made in the order dated October 11, 2022 with regard to service of notice is not correct since the applicant had not received any notice from the Tribunal that the early hearing application will be listed on October 11, 2022. The 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 serv....