(Dipak Misra and C. Nagappan, JJ.)
Yathartha Yantra Udyog _____________________________ Appellant
v.
Commissioner of Central Excise, Rohtak ______________ Respondent
Civil Appeal No. 5386 of 2016, decided on June 30, 2016
[Arising out of S.L.P. (C) No. 25143 of 2015]
The Order of the court was delivered by
Order
1. Leave granted.
2. Heard Mr. Pawanshree Agrawal, learned counsel for the appellant and Mr. K. Radhakrishnan, learned senior counsel for the revenue.
3. 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.
4. 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.
5. 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.
6. The tribunal shall dispose of the appeal within a period of three months from the date of deposit of the amount. If the amount is not deposited, as directed herein-above, the impugned order shall spring into life.
7. The appeal stands disposed of in the above terms. No order as to costs.
I.A. No. 4/2015 In
Petition(s) for Special Leave to Appeal (C) No. 25143/2015
Yathartha Yantra Udyog ______________________________ Petitioner
v.
Commissioner of Central Excise, Rohtak _______________ Respondent
Date: 30/06/2016 This application was called on for hearing today.
(Before Dipak Misra and C. Nagappan, JJ.)
For Petitioner(s) Mr. Pawanshree Agrawal, AOR
Mr. Siddharth Jain, Adv.
Mr. Aneesh Mittal, Adv.
For Respondent(s) Mr. K. Radhakrishnan, Sr. Adv.
Mr. K.L. Janjani, Adv.
Mr. Haris Beeran, Adv.
Mr. B. Krishna Prasad, AOR
UPON hearing the counsel the Court made the following
Order
8. Leave granted.
9. The appeal as well as the interlocutory applications are disposed of in terms of the signed order.
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