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2016 (1) TMI 10 - HC - CustomsCondonation of delay - Tribunal refused to condone the delay - Tribunal has insisted on every day’s delay - Held that:- The Tribunal has insisted on every day’s delay being explained which, in the given facts and circumstances, was not necessary. In one case, the delay occurred because of the petitioner-applicant being unwell and in the second case, it was because of the absence of the applicant from Mumbai. In both cases, the Tribunal should have realised that the petitioner-applicant is a sole proprietor. - The delay was not deliberate or intentional, but for the illness and absence from Mumbai for some business work. The petitioner cannot be said to be grossly negligent or his conduct lacking in bona fides - appeals restored before the tribunal, however costs of ₹ 5000 imposed on the petitioner.
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