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2019 (5) TMI 1024

rom the date of receipt of the order - HELD THAT:- In absence of any date delivery of order dispatched by speed post earlier, we hold that the order was for the first time received by the applicant on the date as indicated by them. The order was for the first time received on 16th August 2018 and the applicant has filed the appeal on 16th November 2018 which is within the period prescribed for fil .....

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pplication for condonation of delay has been filed seeking condonation of delay in filing appeal to the tune of 1274 days from the date of order. The applicant claims that the order appealed against was not received by them earlier and the present appeal has been filed within three months from the date of receipt of the order. 2.0 As directed by Bench, an enquiry was caused by the Revenue with reg .....

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so, they cannot backtrack and make submission that it is maintained casually. 4.0 Revenue has not been able to produce any document from the Postal authorities also with regard to the delivery of the order to the applicant prior to that date. They have stated that postal authorities have stated that they do not maintain the record of delivery beyond one year. Since the issue of delivery is more th .....

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med dues, then they cannot accuse the other party for negligence. 6.0 In our view, in absence of any date delivery of order dispatched by speed post earlier, we hold that the order was for the first time received by the applicant on the date as indicated by them. The order was for the first time received on 16th August 2018 and the applicant has filed the appeal on 16th November 2018 which is with .....

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