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New Asian Engineers & Amp. Versus Union of India

2016 (10) TMI 191 - GUJARAT HIGH COURT

Condonation of delay - 300 days - petitioner pointed out that the Tribunal's order was passed on 29-3-2014 and received by him on 8-5-2014. Also his business was in the nature of proprietary concern, and was struggling financially on account of vario .....

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chnical requirements. In this context, the question of condonation is approached and the same would be seen liberally. Unless if it is found that the delay is inordinate or not explained at all or that the same is caused deliberately, mala fide or on .....

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s on account of financial differences, there was scarcity of staff. These reasons combined together prevented the petitioner from preferring appeal in time. Therefore, the delay should have been condoned even after putting the petitioner to some term .....

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Akil Kureshi, J. (Oral)]. - Petitioner has challenged an order dated 15-9-2015 passed by the Customs, Excise & Service Tax Appellate Tribunal rejecting the petitioner s application for condonation of delay of about 300 days in filing the appeal. .....

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out that such order was received by him on 8-5-2014. His business which was in the nature of the proprietary concern, was struggling financially on account of various reasons including his personal misfortune when his daughter has committed suicide i .....

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egal procedures and because of reduction of staff in his proprietary concern, he was not properly advised. Inter alia on such grounds, the petitioner had prayed for condonation of delay. 3. The Tribunal however, by the impugned order, rejected s .....

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inion, the delay being explained as above, ought to have been condoned. Usually, the Courts prefer substantial justice when pitted against technical requirements. In this context, the question of condonation is approached and the same would be seen l .....

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