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2016 (10) TMI 23 - HC - CustomsCondonation of delay - Appeal filed after a delay of 382 days, which is over and above the condonable delay of 30 days - order in original dated 11.5.2004 not received and it is admitted in the impugned order that the same was sent by Registered Post and returned 'undelivered' - mode prescribed for communication - section 153 of the Customs Act, 1962, display in the notice board - change of place of business by petitioner, not intimated to respondents - whether on failure to intimate the place of business to respondent, the petitioner would be given relief and his delay be condoned on his claim that he never received the copy of original order? - Held that: - when the petitioner has failed to intimate the change of address, the Department cannot be faulted for not having able to serve the order on the petitioner and they having fully followed the procedure under section 153 of the Act - the respondent is fully justified in rejecting the appeal. Alternative remedy of appeal before the CEGAT - Held that: - the appeal could have been filed within a period of three months from the date of receipt of a copy of the order. However the petitioner did not prefer any appeal, but chose to file this Writ Petition - one more ground to reject the relief sought for. Petition dismissed - decided against petitioner.
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