Custom, Excise & Service Tax Tribunal
M/S. Emerson Network Power (Inida) Pvt. ... vs Cc(Export), New Delhi on 12 December, 2011
CUSTOMS, EXCISE & SERVICE TAX APPELLATE TRIBUNAL, WEST BLOCK NO.II, R.K. PURAM, NEW DELHI-110066. BENCH-,,,,,DB Customs Stay Application No.C/465/2011-Cus. in Customs Appeal No.C/77/2011 [Arising out of Order-in-Original No.ACE/M.I.J.M.65/2010 dated 23.11.2010 passed by the Commissioner of Customs (Exports), New Delhi] M/s. Emerson Network Power (Inida) Pvt. Ltd. Appellant Vs. CC(Export), New Delhi Respondent
Present for the Appellant :Shri. B.L. Narasimhan, Advocate Present for the Respondent:Shri. B.K. Gupta, SDR Coram: Honble Mr.D.N.Panda, Judicial Member Honble Mr. Rakesh Kumar, Technical Member Date of Hearing/Decision: 12.12.2011 ORDER NO. _______________ DATED: _________ PER: D.N.PANDA Learned Counsel mentions that all the documents placed before the DGFT authorities are available with the appellant to satisfy the Adjudicating Authority on the matter in controversy. No show cause notice was issued to the appellant except a corrigendum dated 24.9.10.
2. Heard both sides and perused record.
3. We find that there is a demand of Rs.1,25,73,915/- made against the appellant. We do not propose to waste time. To protect interest of justice and without merely keeping the matter pending in Tribunal, we propose to remand the matter when the grievance is violation of natural justice. Accordingly, we remand the matter back to the ld. Adjudicating Authority before whom the appellant shall make an application for fixation of hearing of the matter expeditiously. The application shall be filed by 10th January, 2012 for fixation of date of hearing. On such application, the Authority shall fix date of hearing and dispose the matter in accordance with law.
4. In view of the decision aforesaid the stay application has become infructuous. That is dismissed.
5. In the result, both stay application and appeal are disposed.
[Dictated & Pronounced in the open Court].
(D.N.PANDA) JUDICIAL MEMBER (RAKESH KUMAR) TECHNICAL MEMBER Anita