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Commissioner of Central Excise Versus Rakesh Agrawal

2016 (5) TMI 446 - ALLAHABAD HIGH COURT

Period of limitation - Delay of more than one and half years in filing the appeal - Tribunal dismissed the appeal on the ground that once a decision was taken by the two Commissioners for not filing an appeal, the said matter had attained a finality .....

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atter which had attained a finality especially after a lapse of one and half years. The delay can be condoned in exceptional matters and while condoning the delay a discretion is given to the Tribunal or to the Court to condone the delay on sound rea .....

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se Appeal Defective Nos. 96 & 100 of 2012 - Dated:- 10-12-2015 - Tarun Agarwala and Vinod Kumar Misra, JJ. Shri S.P. Kesarwani, Sr. SC and Vinod Kant Srivastava, Counsel, for the Appellant. Shri Gopal Verma and Pankaj Bhatia, Counsels, for the Respon .....

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ssing the appeal of the Department on the ground of limitation. It transpires that the appeal of the Department was filed beyond time. There was a delay of more than one and half years. The Tribunal after considering the matter found that no cogent r .....

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ing into considering a decision rendered by the Supreme Court took a conscious decision for not filing an appeal before the Tribunal. Subsequently, after a lapse of one and half years, the two Commissioners reviewed their own order on the basis of a .....

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