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M/s Kaushal Construction Co. Versus Commissioner of Central Excise

2015 (10) TMI 863 - PUNJAB AND HARYANA HIGH COURT

Condonation of delay - Dismissal of the appeal before the tribunal on the ground of delay of 262 days – Appellant submitted the reason of negligence of the consultants to file the appeal in time and the prolonged illness of his brother as reasons of .....

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being considered on merits on account of the Advocate/consultant’s default in not having filed the appeal in time. Added to this is the fact that during the original period of limitation it is not as if the appellant was guilty of any negligence.The .....

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For the Petitioner : Mr. Jagmohan Bansal, Advocate For the Respondent : Mr. Sukhdev Sharma, Advocate ORDER S.J.VAZIFDAR, ACTING CHIEF JUSTICE (Oral): This is an appeal against the order of the CESTAT dismissing the appellant s appeal only on the grou .....

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3. The order impugned before the CESTAT was received by the appellant on 04.08.2013. The CESTAT held that there was no explanation for the delay in the original period of 90 days from 04.08.2013. We find, however, that within the original period of .....

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he appellant was not following up the matter. It is important to note that during the initial period itself, the brother of the sole proprietor of the appellant fell ill and that he was being looked after by the sole proprietor of the appellant firm. .....

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