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    <title>2005 (9) TMI 187 - CESTAT, NEW DELHI</title>
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    <description>Presumption of service by registered post was treated as rebuttable where the assessee repeatedly sought a copy of the adjudication order and the record supported non-receipt. The limitation-based rejection was therefore not sustained, because the dispute could not be shut out without first supplying the order and allowing a statutory appeal. Following the earlier remand, the matter had to be examined on merits, and the Commissioner (Appeals) was directed to decide the appeal substantively after service of the order-in-original.</description>
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      <link>https://www.taxtmi.com/caselaws?id=54775</link>
      <description>Presumption of service by registered post was treated as rebuttable where the assessee repeatedly sought a copy of the adjudication order and the record supported non-receipt. The limitation-based rejection was therefore not sustained, because the dispute could not be shut out without first supplying the order and allowing a statutory appeal. Following the earlier remand, the matter had to be examined on merits, and the Commissioner (Appeals) was directed to decide the appeal substantively after service of the order-in-original.</description>
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