2007 (12) TMI 419

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..... RAVIRAJA PANDIAN J.-This appeal is filed by the State against the order of the Customs, Excise and Service Tax Appellate Tribunal, Chennai refusing to condone the delay of 255 days in filing an appeal before it against the order of the Commissioner (Appeal). Before the Tribunal it was stated by the appellant that there was a delay in obtaining the advice of the Chief Commissioner of Central E....

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.... of condonation of delay, as against the order passed by the Tribunal in the case of Commr. of C. Ex., Chennai-III v. Veleo Friction Material India Pvt. Ltd. [2005] 185 ELT 78 (Tri.-Chennai), an appeal was filed before the Supreme Court, which was admitted. Heard the learned Assistant Solicitor General and perused the materials available on record. Each case depends on its own facts and reas....

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....ter was received on April 18, 2006, and that was the reason for filing the appeal with enormous delay of 255 days. After taking note of the relevant provision of the Finance Act, 1994, the Tribunal was of the view that the decision to file an appeal against the Appellate Commissioner's order has to be taken independently by the Commissioner of Service Tax. The Chief Commissioner of Service Tax....