The Appellate Tribunal dismissed the customs appeal for default due to the appellant's non-appearance after service of notice.
The appeal is dismissed for non-prosecution, with liberty to the appellant to apply for recalling the appeal within a reasonable period.
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CUSTOMS, EXCISE & SERVICE TAX APPELLATE TRIBUNAL NEW DELHI
PRINCIPAL BENCH - COURT NO. III
Custom Appeal No. 50056 of 2022 (SM)
(Arising out of Order-in-Appeal No. 69/MK/REVOCATION/POLICY/2020 dated 03.09.2020 passed by the Commissioner of Customs (Airport & General) New Delhi.)
M/s Shri Ram Cargo Movers
Appellant
271, Dhakka Village,, Mukherjee Nagar, New Delhi- 110009
VERSUS
Commissioner, Customs (Airport Respondent & General)- New Delhi
New Custom House, Near IGI Airport, New Delhi 110037
APPEARANCE:
None for the Appellant Mr. Mahesh Bhardwaj, Authorised Representative for the Respondent
CORAM:
HON’BLE MR. AJAY SHARMA, MEMBER (JUDICIAL)
FINAL ORDER: 50844/2022
Date of Hearing: 09/09/2022 Date of Decision: 09/09/2022
AJAY SHARMA:
None for the appellant. Learned Authorised Representative appearing on behalf of the Revenue submits that on earlier occasions also, no one appeared on behalf of the appellant despite various opportunities given. With the assistance of learned Authorised
ST/50098/2022
2
Representative, I have gone through the case record, and it revealed that on the last three occasions, no one appeared on behalf of the appellant. The last order dated 28/07/2022 was very specific and it recorded as under:
“Learned Counsel for the appellant has withdrawn vakalatnama and has given the intimation that he has issued ‘NOC’ to the appellant. By previous order dated 13.04.2022, the Bench directed that a fresh notice be issued by speed post but which has been undelivered with the postal remark ‘left without instruction’.
(order dictated and pronounced in the open court)
(Ajay Sharma) Member(Judicial)
sb
M/s Shri Ram Cargo Movers
Commissioner, Customs (Airport & General)- New Delhi
Ajay Sharma
As recorded by the court registry
An appeal in a customs matter before the Customs, Excise and Service Tax Appellate Tribunal.
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