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2015 (8) TMI 31 - CESTAT AHMEDABAD

2015 (8) TMI 31 - CESTAT AHMEDABAD - TMI - Condonation of delay - Delay of 319 days - Medical illness - Held that:- Reason given for delay in filing appeal is that the applicant was suffering from severe health issues since last one and half year and was admitted to Motiben Dalvi Hospital, Mumbai and Care Nursing Home Hazira Hospital, Surat. We agree with the submission of the learned Authorised Representative for the Revenue that the application is without any support of evidence. It is noted t .....

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Dated:- 9-6-2015 - Mr. P.K. Das and Mr. P.M. Saleem, JJ. For Appellant : Shri Jigar Shah, Advocate For Respondent : Shri Alok Srivastava, Authorised Representative Per : Mr. P.K. Das; The applicant filed this application for condonation of delay of filing appeal of 319 days in. 2. The Learned Advocate on behalf of the applicant submits that the applicant is a proprietorship firm. He submits that the proprietor was ill during the relevant period. In support of his contention he drew attention of .....

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s since last one and half years and I have been admitted to Motiben Dalvi Hospital, Mumbai and Care Nursing Home Hazira Hospital, Surat repeadely. Due to my recurring health problems, my business and family was economically disturbed. Hence, I could not give due attention towards the issues pending with service tax department. Today, on 18th day of March, 2015, I have been telephonically informed by the Superintendent of service tax that OIO No. OIO-SUR-EXCUS-001-COM-016-14-15 dated 11.06.2014 h .....

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ned Advocate produced internet copy of the order before the Bench. The relevant portion of the said order is reproduced below:- This is an application for condoning the delay of 415 days caused in filing the Tax Appeal. Though delay is substantial, it is explained by mentioning that the assessee is a partnership firm and Shri Nandkishore Sakarlal, who looks after the partnerships financial and tax matters has not been keeping good health since last couple of years, during which he had been admi .....

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