2009 (8) TMI 775

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.... S.C. Aggarwal, Advocate, for the Respondent. [Order]. - The appeal of the petitioner herein against the adjudication order was dismissed by the Commissioner (Appeals) on 23-3-2004. According to the petitioner this order was not received by him even when he sent various communications to the Department for supplying the copy of the said order. The appeal is on the ground that as the petition....

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....terest for the intervening period. In support of this plea, petitioner has alongwith this writ petition filed various documents. The Tribunal has, however, dismissed the stay application of the petitioner seeking waiver of the pre-deposit. The reason given is that the appellant had not challenged the order passed by the Commissioner (Appeals) vide which their appeal was dismissed. The submission o....

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.... when the same were not removed, the Custom (Appeals) dismissed the appeal for non-prosecution. The Commissioner (Appeals) also observed that prima facie the appeal was hopelessly time barred. In making this observation, naturally the Commissioner (Appeals) took into consideration order-in-original passed on 30-3-1999. Even the submission of the petitioner is that this order was received late and ....