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    <title>2012 (11) TMI 573 - CESTAT MUMBAI</title>
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    <description>The appeal was dismissed by the Tribunal due to a delay of 88 days in filing the appeal challenging an order-in-original. The Commissioner (Appeals) had dismissed the appeal based on this delay, citing the 90-day limitation period under Section 85 of the Finance Act, 1994. The appellant&#039;s explanation of being abroad during the relevant period, resulting in delayed preparation of appeal documents, was accepted by the Tribunal. As the dismissal was solely on the ground of limitation, the matter was remanded for a fresh decision on merits, ensuring the appellant a fair hearing beyond the limitation issue.</description>
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      <title>2012 (11) TMI 573 - CESTAT MUMBAI</title>
      <link>https://www.taxtmi.com/caselaws?id=218558</link>
      <description>The appeal was dismissed by the Tribunal due to a delay of 88 days in filing the appeal challenging an order-in-original. The Commissioner (Appeals) had dismissed the appeal based on this delay, citing the 90-day limitation period under Section 85 of the Finance Act, 1994. The appellant&#039;s explanation of being abroad during the relevant period, resulting in delayed preparation of appeal documents, was accepted by the Tribunal. As the dismissal was solely on the ground of limitation, the matter was remanded for a fresh decision on merits, ensuring the appellant a fair hearing beyond the limitation issue.</description>
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