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Furnace And Foundry Equipment Company Versus Commissioner of Central Excise, Vadodara-II

2015 (10) TMI 969 - GUJARAT HIGH COURT

Condonation of delay - Delay of 76 days - Held that:- Perused the order impugned in the present appeal. It appears from the impugned order dated 9/4/2014 and particular observation made in para 4 of the application that though the ground was raised w .....

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al be heard on merits. However, with imposing reasonable costs. - The orders of Customs, Excise and Service Tax Appellate Tribunal and Commissioner of Central Excise & Customs, Vadodara are hereby quashed and set aside - Delay condoned conditionally. .....

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section 35G of the Central Excise Act, 1944, the appellant herein has challenged the order dated 9/4/2015 passed by the Customs, Excise and Service Tax Appellate Tribunal, Ahmedabad below application No. A/10566/2014, by which, the Tribunal has decli .....

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ty under the provisions of the Central Excise Act to the tune of Rs . 3 ,55,485 /- with interest was challenged. 2. We have heard Mr. U.K.Shelar , learned advocate for the appellant and Mr. R.J.Oza , learned advocate for the respondent. 3. Mr. Shelar .....

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itation since his mother was not well and therefore, the Tribunal ought to have condoned the delay of only 76 days. He would submit that delay be condoned and Tribunal be directed to decide the appeal on merits. 4. On the other hand, Mr. Oza , learne .....

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ant were produced before the Tribunal. However, he submitted that if the Court inclines to condone the delay appropriate cost may be imposed on the respondent. 5. We have heard learned advocates appearing for the respective parties. Perused the order .....

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of such submission were produced before the Tribunal. However, considering the delay i.e. 76 days, we are of the opinion that it would be in the interest of justice that let appeal be heard on merits. However, with imposing reasonable costs. 6. Cons .....

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