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august 1996

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.

M/S J.K. SYNTHETICS LTD. vs COLLECTOR OF CENTRAL EXCISE · Niyam