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2016 (3) TMI 341 - MADRAS HIGH COURT

2016 (3) TMI 341 - MADRAS HIGH COURT - 2016 (336) E.L.T. 472 (Mad.) - Validity of Tribunal's order - Refuse to condone delay of 546 days on the ground of not properly explained - Held that:- it is seen that the Tribunal's order was based entirely upon the letter of the Speed Post Centre. Unfortunately, the Department did not have the returned cover itself. Therefore, the question as to whether there was another endorsement to the effect "intimation delivered" or not is not known. From the mere e .....

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ot a case of the Department that there was affixure. Therefore, as the Tribunal did not take into account the above aspects, the order is set aside. - Decided in favour of appellant - Civil Misc Appeal No. 119 of 2016, C.M.P.No.1087 of 2016 - Dated:- 11-2-2016 - V. Ramasubramanian And N. Kirubakaran , JJ. For the Appellant : Mr. T Sundaranathan For the Respondent : Mr. A P Srinivas, Sr. Standing Counsel ORDER V. Ramasubramanian, J. This appeal is filed by the Assessee under Section 130 of the Cu .....

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4. The Department relied upon a letter issued by the Manager of the Speed Post Centre to the following effect:- "It is to inform you that the Speed Post Letter with Transaction No.ET531150012IN booked on 29.06.2009 at NPSC Coimbatore RMS addressed to M/s. Excel Shipping Services, No.606, K. M.Towers , Binny Compound II Street, Kumaran Road, Tirupur 641 601 was received by Tirupur HPO, the delivery Office on 30.06.2009 and returned to Sender with remarks 'Unclaimed' on 07.07.2009. T .....

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