2003 (5) TMI 398

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....R.K. Pardeshi, DR, for the Appellant. Shri V.P. Vijan, Partner, for the Respondent. [Order per : Gowri Shankar, Member (T)]. -  The Commissioner (Appeals) passed a combined order on 29-10-1999 disposing of four appeals filed by Globe Auto Agency, Globe Trading Corporation, Ved Prakash Vijan and Chetan Vijan, partners respectively of these firms. One of the appeals registered as appea....

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....ng the appeal. Failure to produce the authorisation in original is a curable defect and on the departmental representative undertaking to file the original copy, we restore the appeal and list the appeal for hearing on 17-6-2003 deeming it to be an appeal against the order relating Globe Auto Agency. 3. The other three appeals have been filed on 28-3-2003. The commonly worded application i....

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....of more than one appeal. We had asked the departmental representative to produce the relevant file of the Commissioner. That tells a very different story. On receipt of the objection received from the registry pointing out that more than one appeal was required to be filed, the file travelled up to the Commissioner. The Commissioner has clearly expressed his view in his note of 17-10-2000 that sin....

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.... for the Commissioner's view has not been implemented and the Commissioner himself has not taken any step to enforce his own order. Had he done so, the appeals would have been filed long before it actually filed. It is not our concern as to whether the Commissioner has enforced his administrative will or whether the discipline in the office of the Commissioner is so slack that his orders were igno....