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2010 (2) TMI 429

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..... ndent. ORDER 1. Vide the impugned order, the Commissioner (Appeals) rejected the appeal filed by M/s. Reliance Galvanising Industries on the ground that the appeal was filed beyond three months of receipt of the Order-in-Original. There was a delay of two months beyond three months prescribed for filing the appeal.  In the appeal filed, condonation of delay involved is canvassed on the grou .....

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..... original authority had denied Cenvat credit on the ground that their claim was not substantiated with requisite duty paying documents and reliable evidence. It is submitted that the appellant was in possession of the requisite documents to substantiate that they qualify for the impugned Cenvat credit. It is prayed that the matter may be remanded to the adjudicating authority to decide the matter .....

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..... rd learned Jt. CDR who reiterated the findings in the impugned order. 5. I find that the relevant section 85(3) of the Finance Act, 1994 reads as under :— "85. Appeals to the Collector of Central Excise (Appeals).— ** ** ** (3) An appeal shall be presented within three months from the date of receipt of the decision or order of the Central Excise Officer, relating to service tax, interest or p .....

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