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2019 (7) TMI 1745 - HC - Service TaxPrinciples of Natural Justice - extension of period of limitation for filing appeal - statutory remedy or appeal provided under Section 35 of the Central Excise Act, 1944 - HELD THAT:- It is clear that in view of the fact that the order-in-original was passed without considering the objections and in violation of the principles of natural justice and as it resulted in failure of justice, the petitioner herein can, in the facts and circumstances of the case, assail the order-in-original passed by the 3rd respondent and it is not necessary for the petitioner to assail the orders dismissing the appeal as time-barred. Hence, we are inclined to dispose of the writ petition with appropriate directions. The matter is remitted to the 3rd respondent for consideration - Petition allowed by way of remand.
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