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2017 (6) TMI 698 - HC - CustomsCondonation of delay - delay in filing appeal before Tribunal - the case of the appellant is that the delay was caused, on account of the counsel, who was handed over the brief, failing to keep track of the period of limitation for lodging the appeal, before the Tribunal - Held that: - no doubt that the appeal which had been preferred, with the Tribunal, was filed, beyond the limitation of three months, stipulated in Section 129 A (3) of the Act - under sub-section (5) of Section 129 A of the Act, the Tribunal, has been vested with the power to condone the delay, if, sufficient cause is shown. The appellant, in the given circumstances, cannot be put to prejudice, because of the lack of professionalism of the Advocate engaged by it. Delay condoned - order of Tribunal set aside - application for COD allowed in favor of applicant.
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