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2016 (9) TMI 1058 - CESTAT ALLAHABAD

2016 (9) TMI 1058 - CESTAT ALLAHABAD - 2016 (42) S.T.R. 557 (Tri. - All.) - Condonation of delay in filing appeal - appellants shifted from Bareilly to delhi so could not get to know about the OIO which was sent to their old address of Bareilly and served on the guard or the caretaker, who neither understood importance, nor intimated to the Members of the AOP - appellant has filed this appeal within 90 days from the date of knowledge - Held that:- it is found that there is no proper service of t .....

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oudhary, Member (J) and H.K. Thakur, Member (T) Shri Ruchir Bhatia, Advocate, for the Appellant. Shri M.K. Mall, Assistant Commissioner (DR), for the Respondent. ORDER [Order per : Anil Choudhary, Member (J)]. - The appellants have filed the present COD application for condonation of delay of 232 days in filing the appeal. 2. It is stated that the appellant is an association of person, which remained in existence from 1-4-2001 to 31-3-2006 carrying on their business at Bareilly providing se .....

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ioner, the appellant had filed a letter dated 17th July, 2014, wherein they had stated that as the Members of the AOP have shifted to Delhi, hence all the correspondences should be made at their address at B-35, Soami Nagar, New Delhi-110017. The appellants have also filed a copy of the said letter duly acknowledged by the Revenue. It is further stated that the OIO dated 3-11-2014, was sent to their old address of Bareilly and served on the guard or the caretaker, who neither understood importan .....

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