2012 (10) TMI 455

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..... ench had granted unconditional stay – Held that:- Delayed filing of appeal against the impugned order, has been in negligent and needs no sympathy - since negligence is on the part of the assessee the assessee must bear the cost of Rs. 5000/- which should be paid to the Commissioner of Central Excise - Subject to the cost being deposited, delay condoned. - E/1932/2010 - M/2355 & 2358/2011-WZB/AH .....

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..... st of justice and the appeal be admitted along with the stay petition. 3. Learned AR submits that the applicant/appellant has not made out a case for condoning the delay. 4. Learned Counsel would also rely on the decision of the co-ordinate Bench in the case of Hindustan Lever Ltd. v. C.C., Cochin reported in 2009 (248) E.L.T. 353 (Tri-Bang.) and in the case of Adecco Flexione Workforce Soluti .....

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..... ecco Flexione Workforce Solutions Ltd., we, are inclined to condone the delay in this case also. At the same time, since negligence is on the part of the assessee the assessee must bear the cost of Rs. 5000/- which should be paid to the Commissioner of Central Excise, Ahmedabad. 7. The said cost has to be deposited within four weeks from today. Subject to the cost being deposited, we allow the a .....

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