C/11179/2017 — Ramesh Kalabhaikarmata vs Kandla

Customs, Excise & Service Tax Appellate Tribunal West Zonal Bench At Ahmedabad

REGIONAL BENCH- COURT NO.1

Customs Appeal No. 11179 of 2017

(Arising out of KDL-COMMR-PVRR-123-2016-17 dated 31.01.2017 passed by Principal Commissioner -Kandla)

Ramesh Kalabhaikarmata ...Appellant Sakhiyanagar, Main Road, Ganesh Appartment, Flat no. 401, Airport Road Rajkot

VERSUS C.C. – Kandla ...Respondent Custom House, Near Balaji Temple, Kandla

APPEARANCE: None appeared for the Appellant Smt. Sunita Menon, Superintendent (AR) appeared for the Respondent

CORAM: HON'BLE MEMBER (JUDICIAL), MR. SOMESH ARORA

FINAL ORDER NO. 10809 /2025 DATE OF HEARING: 22.09.2025 DATE OF DECISION:22.09.2025 SOMESH ARORA

Matter has been coming up several times earlier on, 08.12.2023, 24.01.2024, 09.07.2024, 21.08.2024, 20.06.2025, 30.06.2025, 07.07.2025, 30.07.2025, 11.08.2025. 18.08.2025 and 08.09.2025 excluding the present date. None has appeared for the party nor is there any application for consideration of the matter on merit or request for adjournment. In view of this, it appears that the appellant is not interested to pursue the matter seriously, therefore, as per the inherent powers vested in this Tribunal as noted in 2009 (244) ELT 497 (Bom.) CHEMIPOL VS UNION OF INDIA, the present appeal has become liable to be dismissed for non-prosecution. Appeal is accordingly dismissed.
However, liberty is being granted to the party to seek restoration of appeal, in case deemed fit by adequately explaining the reasons of non- appearance on each occasion.

Appeal is dismissed. (Dictated & Pronounced in the open court)

(SOMESH ARORA) MEMBER (JUDICIAL) Neha