2010 (8) TMI 810

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.... for the Respondent. ORDER In this application, the appellant prays for condonation of delay of 120 days said to be involved in the filing of their appeal. The appellant has since filed an affidavit stating that the extent of delay of the appeal is 145 days and not 120 days. Both in the application and the present affidavit, the appellant submits that the delay of the appeal was occasioned b....

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.... also filed an appeal (C/414/09), which was filed on 23-4-2009. It is submitted that the appellant, if aggrieved by the same order, could have filed cross objections in the department's appeal. It is also submitted that the appellant could pot have complained against their CHA, which they did not do. 3. We are not impressed with the prayer for condonation of the above delay involved in the fili....

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....has referred to SIIB's letter dated 6-9-2009 (signed on 6-10-2009), which indicates that none of the above documents was available with SIIB and, therefore, the party was advised to check with their CHA. However, it appears, the party did not take steps to obtain copies of the necessary documents from their CHA. It appears, the present appeal was filed on 14-10-2009 soon after receipt of SIIB's le....

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.... cross objections. Where the party received a copy of the department's appeal in the first fortnight of July 2009, they could have filed cross objections against, the Commissioner's order within the said period of 45 days, but this was also not done. In this connection, it is pertinent to note that a clear indication of the relevant provision of law was also given in the aforesaid notice dated 1-7....