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M/s. Commercial Engineers & Body Builders Company Ltd. Versus Commissioner (Appeals) , Central Excise & Service Tax, Assistant Commissioner of Central Excise & Service Tax

2016 (5) TMI 514 - JHARKHAND HIGH COURT

Delay in filing of appeal before the Commissioner(Appeals) - the order-in-original was passed by the Assistant Commissioner of Central Excise and Service Tax, Jamshedpur on 28.8.2015 and was issued on 17.09.2015 and was sent on 18.09.2015. - Held tha .....

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acts of the present case the appeal was preferred by this petitioner on 19.11. 2015. - Thus, this petitioner can prefer appeal with a delay condonation application along with the appeal against the Order-in-Original and the same will be decided b .....

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itioner - Matter restored before the Commissioner (Appeals) to decide the issue. - W. P. (T) No. 1264 of 2016 - Dated:- 26-4-2016 - D. N. Patel And Ananda Sen, JJ. For the Petitioner : Mr.Nitin Kr.Pasari, Advocate For the Respondents : Mr. Deepak Ros .....

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Order-in-Original No. 01- 02/MP/Offence/AC/2015 dated 17.09. 2015, whereby the appeal preferred by this petitioner under Section 35 F of the Central Excise Act, 1944 has been rejected, on the ground of being time barred having been filed beyond the p .....

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he Commissioner (Appeals), as submitted by the counsel for the petitioner. 2. Having heard learned counsels for both the sides and looking to the facts and circumstances of the case, it appears that Order-in-Original was passed on 28.08.2015 imposing .....

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on 17.09.2015 and was sent on 18.09.2015. 3. It further appears from the facts of the case that the order in original was received by this petitioner on 24.09.2015, as alleged by the petitioner. 4. Thus, looking to the provision of Section 85 (3A) of .....

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by this petitioner on 19.11. 2015. 5. Thus, this petitioner can prefer appeal with a delay condonation application along with the appeal against the Order-in-Original and the same will be decided by the Commissioner (Appeals) on its own merits, looki .....

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