2009 (10) TMI 479

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....t. [Judgment per: A.L. Dave, J. (Oral)]. - Rule : Mr. R.M. Chhaya, learned Standing Counsel waives service for the respondents. The petitioner is engaged in manufacture of Copper & Brass Strips and Rod and is liable to be subjected to Central Excise. The petitioner came to be served with a show-cause notice dated 3-4-2000 to explain the excess stock of goods found in its premises, which was acc....

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.... be challenged by the petitioner before CESTAT which is pending to be admitted as it is time barred. The petitioner has filed an application for condonation of delay, so also application for stay and the notices have been issued by the CESTAT. 4. In the meantime, recovery notices have been issued on 10-2-2009, 4-8-2009 and 16-9-2009, against which the present petition is preferred by the petiti....

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....vailable, except on one occasion i.e. on 7-8- 2009, on which date the petitioner asked for time. Thereafter, the Bench of the Tribunal is still not available and the matter is adjourned to 26-10-2009. The prayer, therefore, is to protect the petitioner against the recovery pursuant to the notices. 6. We understand that the appeal is preferred belatedly and question of condonation of delay is ye....