YATHARTHA YANTRA UDYOG Vs. COMMISSIONER OF CENTRAL EXCISE, ROHTAK
SUPREME COURT OF INDIA
Yathartha Yantra Udyog
Commissioner Of Central Excise, Rohtak
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(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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