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M/s Beldih Club Versus The Commissioner, Central Excise and Service Tax, The Commissioner, Central Excise and Service Tax (Appeals) , Additional Commissioner, Central Excise and Service Tax

2016 (10) TMI 834 - JHARKHAND HIGH COURT

Restoration of appeal - condonation of delay - Section 85(3A) of the Finance Act, 1994 - Held that: - it appears that the Order-in-Original No. 17/S./ Tax/Addl.Commr./2015 dated 29th June, 2015 was received by this petitioner on 6th July, 2015 and th .....

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eal was filed on 7th September, 2015. Even 5th September, 2015 was not a working day for the Central Government offices as it was a Saturday. Hence, there is no delay in preferring the appeal by this appellant. - The Order-in-Appeal No. 83 JSR/20 .....

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cided on its merit - petition allowed - decided in favor of petitioner. - W. P. (T) No. 1248 of 2016 - Dated:- 3-10-2016 - D. N. Patel And Rajesh Shankar, JJ. For the Petitioner: M/s Biren Poddar, Sr. Adv. Darshana Poddar, Adv. Piyush Poddar, Adv. An .....

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oner, Central Excise and Service Tax (Appeals), whereby the appeal preferred by this appellant has been dismissed mainly on the ground that it was time barred by two days as per Section 85(3A) of the Finance Act, 1994. 2. Having heard counsel appeari .....

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d before the Commissioner (Appeals) on 7th September, 2015. It further appears from the facts of the case that this appellant has to prefer an appeal by 6th September, 2015, but, since 6th September, 2015 was a Sunday, appeal was filed on 7th Septemb .....

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