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Tribeni Metalloys Pvt. Ltd. Versus Commissioner of C. Ex. & S.T., Guwahati

2016 (8) TMI 755 - Gauhati High Court

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. Acco .....

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IT SINGH, CHIEF JUSTICE AND MR. SUMAN SHYAM J Mr. R Dubey, learned counsel for the appellant. Mr. S.C. Keyal, learned Assistant Solicitor General of India for respondents. ORDER: This appeal under Section 35G of the Central Excise Act, 1944 is direct .....

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nd 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/-. T .....

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since there was a delay of 84 days in filing the appeal, an application for condonation of delay was also filed. The Tribunal, by the impugned order, has rejected the application for condonation of delay. In the result, the appeal before the Tribuna .....

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order reveals that on the date, when the case was called for hearing, no one had appeared on behalf of appellant. It is now settled that every endeavour should be made by the courts to decide the dispute on merit, instead of dismissing the same on te .....

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