High CourtsDivision Bench(2014) 07 BOM CK 0318

G.S. Dhote vs CESTAT

Bombay High Court · Decided on 4 July 2014 · Citation: (2015) 316 ELT 624

HON’BLE JUDGES
B.R. Gavai, J · A.B. Chaudhari, J
CASE NUMBER
Central Excise Appeal No. 10 of 2014

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Judgment

4 paragraphs · 159 words

A.B. Chaudhari, J.—Admit: Appeal is taken up for final disposal with the consent of learned Counsel for rival parties. The short-question involved in the present Appeal is, whether the Appeal should have been heard on merits by the learned Member, Customs, Excise and Service Tax Appellate Tribunal (CESTAT) particularly when the Counsel for the appellant and Counsel for the respondents are ad idem on the issue of supply of attested copy of Order-in-Original. At any rate, learned Counsel for the appellant submits that he would supply copy of the Order-in-Original additionally if so required. That being so I make the following order:--

ORDER

"(1) Central Excise Appeal No. 10/2014 is partly allowed.

(2) The impugned order dated 7th February, 2014 passed by the learned Member, CESTAT is set aside. The appellant is at liberty to satisfy the CESTAT Registry about removal of objections. If the objections are removed within a period of four weeks, CESTAT Registry shall proceed further."