Custom, Excise & Service Tax Tribunal
M/S Mirzapur Electrical Industries Ltd vs Cce, Allahabad on 14 January, 2011
CUSTOMS, EXCISE & SERVICE TAX APPELLATE TRIBUNAL
NEW DELHI
COURT NO. I
Excise Appeal No. 4505 of 2004
M/s Mirzapur Electrical Industries Ltd. Appellant
Vs.
CCE, Allahabad Respondent
Appearance
Appeared for Appellant : None
Appeared for Respondent : Shri B.K. Singh, Jt. CDR
Date of Hearing: 14.1.2011
CORAM: Honble Mr. Justice R.M.S. Khandeparkar, President
Honble Mr. Mathew John, Technical Member
ORDER
The matter was taken up for hearing in accordance with the directions issued by Honble Supreme Court under its order dated 10th December 2010 in Civil Appeal No.5133 of 2009. By the said order, the Supreme Court has remitted the matter to the Tribunal while setting aside earlier order dated 24th July 2008 in the above appeal for de novo consideration of the issue with regard to differential duty in accordance with law and to pass a reasoned order. Simultaneously, there is direction for expeditious disposal of the matter and parties were accordingly directed to appear before the Tribunal today for further order.
2. None has appeared on behalf of the appellants while Shri B.K. Singh, Jt. CDR appeared on behalf of the respondent. Ld. Jt. CDR submitted that the department was under the impression that the matter is fixed today only for appearance for the parties. He prays for short adjournment in the matter.
3. The order of the Honble Supreme Court is very clear to the effect that the parties were required to appear before the Tribunal on 14.1.2011 i.e. today for further orders. The said direction is preceded by clear observation that the matter has been remitted to the Tribunal for expeditious disposal. It was, therefore, necessary for both the parties to appear before this Tribunal today for final disposal thereof. However, as none has appeared for the appellant and there is also request for adjournment by the respondent, the matter is adjourned for final disposal on 21.1.2011 with clear intimation that the same will be taken up first on board and will not be adjourned under any circumstances.
(Justice R.M.S. Khandeparkar) President (Mathew John) Technical Member RM