2010 (7) TMI 755

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..... D.P. Nagendra Kumar, Jt. CDR, for the Respondent. [Order per : P.G. Chacko, Member (J)]. - In this application, the appellant seeks out-of-turn disposal of their appeal. After hearing ld. Counsel for the appellant and ld. Jt. CDR for the Revenue, we are of the view that the appeal itself requires to be finally disposed of at this stage. Accordingly, after allowing this application, we take up t .....

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..... s). The appeal, filed on 1-5-2009, challenging the Assistant Commissioner's view communicated in letter dated 17-3-2009, was very much within the period of limitation prescribed under Section 35 of the Central Excise Act. In other words, the appeal filed by the appellant before the Commissioner (Appeals) was not time-barred. 4. We, therefore, set aside the appellate Commissioner's order and .....

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