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Shri Harishbhai R Aahir Versus Commissioner of Central Excise & S.T., Surat

2015 (8) TMI 31 - CESTAT AHMEDABAD

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, Mu .....

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onsidering the facts and circumstances of the case and the age of the applicant, about ninety years and on the basis of medical certificate, had condoned the delay in filing the appeal. The facts in the case of Plastic Colour Corporation vs. Income T .....

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. 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 .....

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low:- 1. Mr. Harishbhai Ravjibhai Ahir, proprietor of M/s. Ahir Construction, STC: AAZPA7867QST001 and key managerial person of M/s. Ahir Construction (Mrs. Renukaben Harishbhair Ahir) STC: AGMPA8913ASD002, hereby declare on oath that I am the only p .....

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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 p .....

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h records, I found that the said order is pending to be appealed against. Herewith, I solemnly declare that delay in filing appeal is solely due to my consistent ill health during last one and half year. 3. He submits that in identical situation, the .....

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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 asses .....

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py of the medical certificate is also produced on record. We notice that the said Shri Nandkishore Sakarlal is aged about ninety years. Under the circumstances, delay is condoned. Rule made absolute. 4. Learned Authorised Representative on behalf of .....

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