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2015 (11) TMI 337 - CESTAT CHENNAI

2015 (11) TMI 337 - CESTAT CHENNAI - TMI - Condonation of delay - Assessee underwent financial sickness and became unviable due to no payment of its dues by the service recipient - Due to such closure, Department was not aware of the address at which the orders would be served on the appellant - Held that:- The pitiable condition of the appellant as narrated, deserves consideration since no one prefers to be prejudiced without seeking appeal remedy, facing huge demand ex parte. Appellant reached .....

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And Hon ble Shri R. K. Singh, Technical Member For the Appellant : Shri G. Natarajan, Advocate For the Respondent : Shri K.P. Muralidharan, AC (AR) ORDER Per D.N. Panda Learned counsel earnestly submits that if the non-deliberate and unintentional delay is not condoned, that shall make the case of the appellant worse than what it faced in the re-adjudication order. Despite the direction of the Tribunal in paragraph 6 of Final Order No. 1627/2009 dated 18.8.2009, without appreciating the merits o .....

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fter passing of the exparte order as above, when that came to the knowledge of the appellant, it approached the authority to provide a copy thereof so as to seek appeal remedy before Tribunal. 3. According to appellant its conduct is bonafide. It does not prefer to cause prejudice to itself without appeal remedy against huge demand it has faced. The unwarranted demand has caused innumerable difficulties to the department also for recovery. Since appellant has merit in the case it has preferred t .....

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