2015 (10) TMI 861

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....r the Petitioner : Mr. Surjeet Bhadu, Advocate For the Respondent : Mr. Sunish Bindlish, Advocate ORDER RAJIVE BHALLA, J (ORAL) The appellant is before us challenging order dated 10.06.2014 passed by the Customs, Excise & Service Tax Appellate Tribunal, New Delhi (hereinafter referred to as "the Tribunal") whereby his appeal has been dismissed for failure to comply with order of pre-de....

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....rom 27.05.2014. The conduct of the appellant is, therefore, neither culpable nor negligent and, therefore, the appeal may be allowed. Counsel for the revenue submits that as adequate time was granted to the appellant, in the presence of his counsel, it was not necessary for the appellant to wait for a certified copy of the order. The delay in forwarding the copy to the appellant is a mere excus....

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....d have, in the fitness of things at least approached the Tribunal for extension of time. Be that as it may, the appellant was not at fault as copy of order dated 29.04.2014 was received on 27.05.2014 i.e. on the last date for pre-deposit. The only fault that can be found with the appellant was failure to file an application for extension of time. This, however, cannot deprive the appellant of his ....