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Shri Mahendra Janubha Zalal Versus Commissioner of Service Tax, Rajkot

2016 (43) S.T.R. 96 (Tri. - Ahmd.) - Condonation of delay - Delay of 13days - Medial reason - Held that:- Main contention of the applicant is that the impugned order was received by his employee on 21.08.2014 and he had left the job from 15 September 2014; and the proprietor of the applicant firm was not aware of receipt of this impugned order. We find that there is no dispute that the order was served on the applicant on 21.8.2014. The impugned order was misplaced by the employee of the applica .....

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Das and Mr. P.M. Saleem, JJ. For The Appellant : Shri N.V. Suchak and Shri K. Radia, Chartered Accountant For The Respondent : Shri Alok Srivastava, Authorised Representative Per : Mr. P.K. Das; The applicant filed this application for condonation of delay of 130 days in filing the appeal. 2. Learned Counsel on behalf of the applicant submits that the applicant is a proprietorship firm and the proprietor was suffering from Eye problem from July 2014. He was advised to take complete rest for abo .....

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ant filed an affidavit of the proprietor and its employee. He submits that there is no negligence and inaction on the part of the applicant and therefore, the delay in filing appeal, should be condoned. 3. On the other hand, the learned Authorised Representative on behalf of the Revenue submits that the delay was occurred due to negligence of the employee of the applicant firm and this can not be a reason to condone the delay. He further submits that eye problem of the proprietor was even before .....

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