2015 (1) TMI 188

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....missioner (A.R.) JUDGEMENT Per: Ashok Jindal: The applicants are seeking waiver of pre-deposit of the impugned demands confirmed by way of impugned orders. The applicants also filed applications for Condonation of Delay in filing the appeals. 2. Heard both sides. 3. With regard to the COD applications, the learned Counsel for the applicants submitted that the applicants have never r....

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....Pvt. Ltd. - 2012 (279) ELT 353 (Bom.), services through "Speed Post" is not a valid service hence, delay be condoned. 3.2 The contention of the learned Counsel was that as the applicants neither received the show-cause notices nor the orders impugned, therefore, the proceedings against the applicants are not sustainable. Hence, the impugned orders are required to be set aside. 4. On the othe....

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.... notices is totally incorrect as the show-cause notice dated 24.03.2009 was sent through "Registered Post vide receipt No. 7474 dated 25.03.2009 and the same has not been returned back to the department by the postal authorities. He further submitted that the show-cause notice was adjudicated by the adjudicating authority by giving personal hearing to the applicants which they failed to attend and....

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....;ble Bombay High Court in the case of Amidev Agro Care Pvt. Ltd. (supra). As also the Revenue has failed to produce an acknowledgement receipt of the said order therefore, we find that the service of the impugned orders by way of "Speed Post" is not a valid service. Accordingly, the applications for COD in filing the appeals are allowed. 6.1 During the course of arguments, the contention of the....