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2016 (8) TMI 886 - CESTAT AHMEDABAD

2016 (8) TMI 886 - CESTAT AHMEDABAD - TMI - Condonation of delay - one year 10 months - Manager remained busy in re-allocation/shifting of their factory to Ambernath, Maharashtra - Held that:- it is found that even though the order was communicated to the appellant immediately two days after passing of the order, probably by hand delivery, and issues of similar nature of earlier period as claimed had been under litigation, the appellant failed to submit the appeal within the prescribed statutory .....

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aleem, Member (Technical) For Appellant (s) : Shri Rahul Gajera, Advocate For Respondent (s) : Shri T. K. Sikdar, AR ORDER Heard both sides. 2. This miscellaneous application is filed seeking condonation of delay of one year ten months i.e. 665 days(approx.) in filing the appeal before this Tribunal. Explaining the cause of delay, the Ld. Advocate submitted that even though the impugned Order dt.03.05.2013 was communicated to them on 05.12.2013, but, the appeal could not be filed within three mo .....

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Health Pvt. Ltd. Vs. Commissioner of Central Excise, Ahmedabad 2012 (280) E.L.T. 153 (Tri- Ahmd.) and ADECCO Flexione Workforce Solutions Ltd. Vs. C.C.E. Banglore 2009 (242) E.L.T. 465 (Tri.-Bang.) 3. Ld. AR for the Revenue submits that from the explanation furnished and also in the affidavit of Sh. Satish M. Mahyavanshi it is clear that the delay was due to sheer negligence on the part of the Appellant, hence cannot be condoned in view of principle laid down by the Hon ble Apex Court in the ca .....

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