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    <title>2012 (6) TMI 125 - CESTAT, KOLKATA</title>
    <link>https://www.taxtmi.com/caselaws?id=213805</link>
    <description>The appeal was dismissed as non-maintainable due to a delay in filing beyond the prescribed time limit. The applicant/appellant argued the appeal was filed within the time limit, citing the Order-in-Original allowing 90 days for filing and submitting it on the 79th day. The tribunal acknowledged a 19-day delay but noted that under Section 35, a delay of up to 30 days beyond 60 days is condonable. Consequently, the matter was remanded for the Commissioner (Appeals) to reconsider, allowing the appellant to file a Condonation of Delay Application and receive a fair hearing. The appeal was allowed via remand, and the Stay Petition was disposed of accordingly.</description>
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    <pubDate>Mon, 21 May 2012 00:00:00 +0530</pubDate>
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      <title>2012 (6) TMI 125 - CESTAT, KOLKATA</title>
      <link>https://www.taxtmi.com/caselaws?id=213805</link>
      <description>The appeal was dismissed as non-maintainable due to a delay in filing beyond the prescribed time limit. The applicant/appellant argued the appeal was filed within the time limit, citing the Order-in-Original allowing 90 days for filing and submitting it on the 79th day. The tribunal acknowledged a 19-day delay but noted that under Section 35, a delay of up to 30 days beyond 60 days is condonable. Consequently, the matter was remanded for the Commissioner (Appeals) to reconsider, allowing the appellant to file a Condonation of Delay Application and receive a fair hearing. The appeal was allowed via remand, and the Stay Petition was disposed of accordingly.</description>
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      <pubDate>Mon, 21 May 2012 00:00:00 +0530</pubDate>
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