2009 (10) TMI 512

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....t. [Order]. - This writ petition is filed against the order of the CESTAT rejecting the appeal filed with a delay of 596 days. The Tribunal held that there are no reasons sufficient enough to justify the condonation of an inordinate delay of 596 days in preferring the appeal before the CESTAT. 2. Learned counsel for the petitioner contended that the petitioner is under difficult fina....

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....est was Rs. 43,41,591/- as on the date of order of adjudication, out of which, the petitioner had paid only a sum of Rs. 10,65,068/- under protest. Hence, there remains a balance amount of Rs. 32,76,523/- to be paid by the petitioner along with interest. It is further submitted that Section 35F of the Central Excise Act, 1944 makes it mandatory on the person desiring of filing an appeal, to deposi....

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....hat this order was also appealed against. The mistaken impression had resulted in the belated filing of the appeal. Apart from this, the petitioner had also adduced other grounds. I do not find any justifiable reason to reject the bona fides of the claim of the petitioner as to the mistaken impression it had as regards the appeal filing, particularly when the order appealed and to be appealed carr....