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2016 (12) TMI 910 - CESTAT MUMBAI

2016 (12) TMI 910 - CESTAT MUMBAI - TMI - Period of limitation - Held that: - when the appellant is an independent person(notice) in case, how the order served on some other person can be treated as service of order to the appellant - We fail to understand when the appellant is an independent person(notice) in case, how the order served on some other person can be treated as service of order to the appellant - appeal allowed by way of remand. - Appeal No.E/4108/05 - ORDER No.A/93948/16/EB. - Dat .....

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g himself being appellant submits that the appeal before the Commissioner (Appeal) was filed well within the time from the date of receipt of the order. He submits that the order was served on the company and not to him. Only after knowing the service of the order to the company, he approached the department and obtained a copy of the order and from the receipt of the said order filed appeal before the Commissioner (Appeal). He also submits that excise duty, interest and penalty was already paid .....

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E.L.T. 773 (Tribunal). 4. We have carefully considered the submissions made by both the sides. Since the Ld. Commissioner has dismissed the appeal being time barred, we need not to go into the merit of the case and only to decide whether the order on the ground of time bar is sustainable or otherwise. The Ld. Commissioner in the impugned order given the following reasoning. 04. I have carefully considered the written and oral submissions made by the appellants. I find that the impugned order wa .....

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