Darshak Ltd. Vs. Commissioner of C. Ex.

Darshak Ltd. vs Commissioner of C. Ex.

Type Court Judgment Court Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai Decided Mar 29, 2006

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Citation: sooperkanoon.com/42310
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Judge: A Wadhwa, S T S.S.
Decided On: Mar 29, 2006
Subject: Miscellaneous

Case Summary

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

Miscellaneous

Key legal issue: Miscellaneous

Parties & Advocates

Appellant / Petitioner

Darshak Ltd.

Respondent

Commissioner of C. Ex.

Excerpt

2. the appeal was dismissed for non prosecution and non appearance by the applicants on 22-9-2005. the dismissal is in contravention of the hon'ble high court of gujarat decision in the case of viral laminates pvt. ltd. v. uoi 1998 (100) e.l.t. 335 (guj.) which held that an appeal should not be dismissed for default.3. in this view of the matter, since the dismissal of the appeal is not on merits, the order of dismissal is recalled and the appeal restored to its original number and fix the same for hearing on 1-5-2006.

Full Judgment

2. The appeal was dismissed for non prosecution and non appearance by the applicants on 22-9-2005. The dismissal is in contravention of the Hon'ble High Court of Gujarat decision in the case of Viral Laminates Pvt. Ltd. v. UOI 1998 (100) E.L.T. 335 (Guj.) which held that an appeal should not be dismissed for default.

3. In this view of the matter, since the dismissal of the appeal is not on merits, the order of dismissal is recalled and the appeal restored to its original number and fix the same for hearing on 1-5-2006.

Same Court & Year Customs Excise and Service Tax Appellate Tribunal CESTAT Mumb... Same Parties Darshak Ltd. vs Commissioner of C. Ex. Same Subject Miscellaneous Same Judge A Wadhwa, S T S.S.