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2016 (8) TMI 755 - Gauhati High Court

2016 (8) TMI 755 - Gauhati High Court - 2016 (338) E.L.T. 363 (Gau.) - Condonation of delay - 84 days - Erroneous refund - Held that:- no one appeared on behalf of appellant, therefore, in the interest of justice, the Tribunal ought to have condoned the delay by imposing cost for the lapse on the part of appellant. Accordingly the impugned order passed by the Tribunal is set aside and the delay in filing the appeal is condoned, but on payment of cost of ₹ 2000/-. - Decided in favour of app .....

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d 26.5.2010, was issued to the appellant against alleged erroneous refund of ₹ 3,39,197/-. In the show cause notice, penalty of ₹ 5000/- was also proposed. The appellant replied to the show cause notice, but the adjudicating authority, vide order dated 31.1.2011, confirmed the demand of ₹ 3,39,197/-. The adjudicating authority also imposed a penalty of ₹ 5000/-. Aggrieved, the appellant filed appeal before the Commissioner (Appeals), but was dismissed vide order dated 27. .....

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