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Sheth Developers Pvt. Ltd. Vs. Cc (imp)

Sheth Developers Pvt. Ltd. vs Cc (imp)

Type Court Judgment Court Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai Decided May 12, 2005
~1 min read
https://sooperkanoon.com/case/39056

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Citation
Court
Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Judge
Decided On
Subject
Land Acquisition

Case Summary

AI-generated summary - not the official court judgment text.

Land Acquisition

Key legal issue
Land Acquisition

Parties & Advocates

Appellant / Petitioner

Sheth Developers Pvt. Ltd.

Respondent

Cc (imp)

Excerpt

1. after hearing for some time it transpires that the appeal itself could be disposed after waiver of pre-deposit, the appeal is taken up for disposal.2. appellants complain they were not given a hearing. the ld. dr reads para 6 of the impugned order of the original authority which indicates that a hearing was granted but the appellants never came for the hearing nor sent any reply to the notice. the learned counsel reads para 7 of that very order which records - "7. i have gone through the facts and records of the case and the submissions made by the importer ..." which indicates, either non application of mind, or hearing to the phantom importer, since it is recorded in that very order that no reply was made nor the importers appeared. how they made submissions then? 3. the orders, therefore, are set aside and matter remanded to original authority with direction to rehear the appellant after he serves them another copy of the notice and thereafter determine all issues afresh.appeal allowed as remand in above terms. applications stands disposed.

Full Judgment

1. After hearing for some time it transpires that the appeal itself could be disposed after waiver of pre-deposit, the appeal is taken up for disposal.

2. Appellants complain they were not given a hearing. The Ld. DR reads para 6 of the impugned order of the original authority which indicates that a hearing was granted but the appellants never came for the hearing nor sent any reply to the notice. The Learned Counsel reads para 7 of that very order which records - "7. I have gone through the facts and records of the case and the submissions made by the Importer ..." Which indicates, either non application of mind, or hearing to the phantom importer, since it is recorded in that very order that no reply was made nor the importers appeared. How they made submissions then? 3. The orders, therefore, are set aside and matter remanded to original authority with direction to rehear the appellant after he serves them another copy of the notice and thereafter determine all issues afresh.

Appeal allowed as Remand in above terms. Applications stands disposed.

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