JAI BHARAT STEEL CO. Vs. COMMISSIONER OF CUSTOMS

JUDGEMENT

(1.) PRESENT Tax Appeal has been preferred by the appellant herein challenging the impugned judgment and order dated 2 -11 -2012 passed by the Customs, Excise and Service Tax Appellate Tribunal (hereinafter referred to as "CESTAT") with the following proposed substantial question of law.

(2.) SHRI Uday Joshi, learned counsel appearing on behalf of the appellant has vehemently submitted that the learned Tribunal has materially erred in not restoring the appeal and consequently in not deciding the appeal on merits. It is submitted that when the appellant deposited a sum of Rs. 6 lacs and earlier the department encashed the bank guarantee of Rs. 2.5 lacs and even seized the goods worth Rs. 20 lacs and the duty liability confirmed was of Rs. 12,39,065/ -, the interest of the Revenue was protected and therefore, the learned Tribunal ought to have restored the appeal and ought to have given opportunity to the appellant to submit the case on merits. It is submitted that by not restoring the appeal, the valuable right of the appellant to decide the appeal on merits has been taken away.