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United Corporation Versus Commissioner of C. Ex., Chandigarh

2015 (6) TMI 1033 - CESTAT NEW DELHI

Waiver of pre-deposit - Period of limitation - Section 85(3A) of the Finance Act, 1994 - Appellant contended that the Commissioner (Appeals) reckoned the date of the primary order (28-2-2013) for the purpose of computing the delay but the period for .....

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appellant under Section 74 of the 1994 Act was disposed of by the Assistant Commissioner only on 19-6-2013 and therefore the time for filing of appeal before the Commissioner (Appeals) should be reckoned from that date, and if so done the appeal fil .....

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Shri R.K. Singh, Member (T) Shri Anil Kr. Khanna, Advocate, for the Appellant. Shri B.B. Sharma, DR, for the Respondent. ORDER [Order per : R.K. Singh, Member (T)]. - Stay application along with appeal has been filed against order-in-appeal dated 30 .....

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at the Commissioner (Appeals) reckoned the date of the primary order (28-2-2013) for the purpose of computing the delay although it had applied for rectification of mistake in the primary order under Section 74 ibid to the primary adjudicating author .....

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