YATHARTHA YANTRA UDYOG Vs. COMMISSIONER OF CENTRAL EXCISE, ROHTAK
LAWS(SC)-2016-6-60
SUPREME COURT OF INDIA
Decided on June 30,2016

Yathartha Yantra Udyog Appellant
VERSUS
Commissioner Of Central Excise, Rohtak Respondents

JUDGEMENT

- (1.) Leave granted. Heard Mr. Pawanshree Agrawal, learned counsel for the appellant and Mr. K. Radhakrishnan, learned senior counsel for the revenue.
(2.) It is submitted by Mr. Agrawal, learned counsel appearing for the appellant that due to inadvertance the counsel for the assessee could not remain present before the Customs, Excise & Service Tax Appellate Tribunal (for short, 'the tribunal') when the appeal was taken up for hearing as a consequence of which necessary points could not be urged by the assessee before the tribunal and a decision came to be rendered in favour of the revenue.
(3.) On a perusal of the impugned order, it appears that none was present for the respondent before the tribunal, despite service of notice. We have been apprised that the duty amount is approximately Rs.10,00,000/ - and there is an interest on the said amount under Section 11AB and penalty under Section 11AC of the Central Excise Tariff Act, 1985. Having heard learned counsel for the parties, we are of the considered opinion that the cause of justice would be best sub -served if the judgment and order passed by the tribunal is set aside and the matter is remitted to the tribunal, subject to the appellant -assessee depositing a sum of Rs.10,00,000/ - (Rupees ten lacs only) with the respondent -revenue within a period of eight weeks hence. It is ordered accordingly.;


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