2009 (9) TMI 667

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.... K. Ravichandra Babu, Senior Panel Counsel, for the Respondent. [Order]. - The petitioner has come up with the present Writ Petition challenging the refusal of the Customs, Excise and Service Tax Appellate Tribunal to condone the delay in filing the statutory appeal. 2. Heard Mr. B. Sathish Sundar, learned counsel for the petitioner and Mr. K. Ravichandra Babu, learned senior panel c....

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....gainst the said order, the petitioner filed an appeal to the Tribunal on 10-4-2009. Since there was a delay in filing an appeal, the petitioner filed an application to condone the delay of 601 days. By the order dated 19-5-2009 impugned the writ petition, the Tribunal refused to condone the delay, forcing the petitioner to come up with the present writ petition. 5. It is seen from the appl....

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....t the petitioner admittedly has paid a duty of Rs. 51,548/- out of a total duty amount of Rs. 2,01,082. In respect of the redemption fine of Rs. 1,50,000/- and penalty of Rs. 1,00,000/- the petitioner has admittedly executed a Bank Guarantee for a total amount of Rs. 2,50,000/-. The Bank guarantee is in force upto 9-9-2009. Therefore I am of the considered view that the delay could be condoned, by....