Supreme Court of India · 1996-08-28
M/S J.K. SYNTHETICS LTD. vs COLLECTOR OF CENTRAL EXCISE
- Citation / case number
- SC 1988/70871
- Court
- Supreme Court of India
- Petitioner
- M/S J.K. SYNTHETICS LTD.
- Respondent
- COLLECTOR OF CENTRAL EXCISE
- Author
- BHARUCHA S.P.
- Bench
- BHARUCHA S.P.
Judgment text excerpt
The Supreme Court held that CEGAT's decision to dismiss an appeal ex-parte in the absence of the appellant was valid under the CEGAT (Procedure) Rules, 1982, specifically Rules 20 and 21. The Court clarified that the Tribunal is not absolved of its responsibility to decide on merits even if the respondent is absent, and that recalling an order made on merits would exceed the Tribunal's jurisdiction. The appeal was dismissed, affirming the Tribunal's order as lawful and within its powers.