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TMI Blog2017 (8) TMI 1005X X X X Extracts X X X X X X X X Extracts X X X X ..... gh (Advocate) for Appellant Shri Sandeep Kumar Singh (Deputy Commissioner) AR for Respondent ORDER Per: Anil Choudhary The appellant preferred the present appeal filed on 4th July, 2017 against impugned Order-in-Appeal dated 22 October, 2014, which was served on them on 19 November, 2014. Thus, there is apparent delay of 935 days. 2. The learned counsel for the appellant states that after rec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the appellant in filing the present appeal. 3. The learned AR for the Revenue points out that the appellant appears to be habitual defaulter in filing their appeal in time. Even before the learned Commissioner (Appeals), the appeal was filed at a delay of 892 days and accordingly, the Commissioner (Appeals) dismissed the appeal for want of power to condone under Section 85 (3A) of the Finance A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... file the same. The said clerk had assured that the appeal is filed but the receipt of filing is misplaced. Subsequently, the clerk had left the service of the advocate and under such circumstances, the said advocate was also at a loss as to what exactly happened with the appeal, drafted by him earlier. In such circumstances, there is no deliberate default and/or laches on the part of the appellan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... donation of delay Application subject to payment of cost Rs. 5000/- to be deposited in Prime Minister's National Relief Fund within a period of six weeks and compliance reported to the Assistant Registrar. 6. As the classification of service is also in dispute in the present appeal, the appeal is transferred to Division Bench for final hearing. The learned counsel have also pointed out that t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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