2002 (3) TMI 772

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....al, Advocate, for the Respondent. [Order]. -  In this application, the department prays for the delay of 847 days involved in the filing of Appeal No. E/215/2002 preferred against Order-in-Appeal No. 1150, dated 29-6-99 of the Commissioner of Central Excise (Appeals), Chandigarh. 2. The impugned order was received in the review branch of the Central Excise Commissionerate on 5-7....

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....asioned by the time-consuming deliberations on the subject-matter of the appeal at various appropriate levels in the department. He submits that the delay is unintentional and bona fide, and prays for condonation thereof. Sh. J.S. Agarwal, ld. Counsel for the respondents vehemently opposes this application and submits that the lack of bona fides is apparent from the pleadings contained in the appl....

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....ls) vide 1992 (62) E.L.T. A145. 5. Considered the submissions. The delay involved in the filing of the Revenue's appeal is a stunning period of 847 days. The impugned order was received in the review cell of the Commissionerate on 5-7-99 and the same was accepted by the department on 4-10-99. It is pertinent to note that the acceptance of the impugned order took place on the last day of th....

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....7/CE/CHD/99, dated 26-4-99 which has been relied on by the Commissioner (Appeals) in Order-in-Appeal No. 1150/99, dated 29-6-99 impugned in the present appeal. However, it has been categorically stated that the order-in-appeal impugned in the present appeal was accepted by the department on 4-10-99 in view of the fact that Order-in-Appeal Nos. 636-637/99, dated 26-4-99 on the identical issue had b....