Information about CESTAT order - Hearing notice sent to AC CGST returned with remarks of the postal authority ‘addressee moved’ - CIC re-scheduled the instant matter - Notice of hearing should be sent on the correct address of the Public Authority
28 Jun, 2024
Information sought:
The Complainant filed an RTI application dated 04-11-2022 seeking the following information:
“Please refer to the order of the Hon'ble CESTAT, Allahabad in the case of Super Cassettes Ind Ltd Vs CCE & ST, Ghaziabad reported in 2017(347) ELT 145 [Final order No.A/70766-70769-EX(DB) dt. 23.08.2016 in Appeal No.E/1066-1069/2007- EX(DB)].
Sir, kindly provide the following information.
1. Date of acceptance of the above order.
2. If not, date of preferring appeal against the said order.
The Applicant is a retired Customs Superintendent and tax legal advisor. The ratio of the above case shall be beneficial while presenting before the adjudicating authorities during hearing proceedings, in similar and identical issues.”
Having not received any response from the CPIO, the complainant filed a First Appeal dated 09-12-2022. The FAA order is not on record.
Feeling aggrieved and dissatisfied, complainant approached the Commission with the instant Complaint.
Relevant Facts emerged during Hearing:
The following were present:-
Complainant: Absent.
Respondent: Absent.
The Complainant did not participate in the hearing. The Respondent did not participate in the hearing because the hearing notice has been returned with remarks of the postal authority ‘addressee moved’.
Interim Decision
From the perusal of the records, it is come to the attention of the Commission that the hearing notice which was sent to Respondent has been returned with remarks of the postal authority ‘addressee moved’. Since there is no representation from the Respondent Public Authority and the Complainant, the Commission is not in position to unravel the factum whether the Complainant has received the requisite information as sought in the instant RTI Application or not.
In view of the above, the Commission finds it pertinent to re-schedule the instant matter. The Registry of this Bench is directed to issue a fresh hearing notice to the Complainant and as well as the Respondent and re-schedule the instant matter at a later date and notice of hearing should be sent on the correct address of the Public Authority
The Complaint stands adjourned accordingly.
Vinod Kumar Tiwari
Information Commissioner
Citation: Vasudevan v. Assistant Commissioner CGST and CX, GST Commissionerate, E-5, Sector 8, Noida – 201301, CIC/CCEMT/C/2023/604835; Date of Decision : 01-04-2024