2019 (9) TMI 1219

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..... G. Shanmugam, Consultant for the Appellant Ms. T. Usha Devi, DC (AR) for the Respondent ORDER The above COD application has been filed by the appellant seeking to condone the delay of about 4½ years in filing the appeal. 2. The Ld. Consultant, Shri G. Shanmugam appeared and argued the matter. He submitted that the issue is with respect to rejection of a refund claim filed by t....

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....d from the date of communication of the order. He further added that though the appellant requested for information as per RTI Act as to the details of despatch, the department has not provided the same. The despatch number has not been provided in reply to the RTI query. He therefore prayed that there was no wilful delay on the part of the appellant in filing the appeal and the same may be condon....

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.... by such information supplied by the department, appellant ought to have filed appeal before the First Appellate Authority under the RTI Act which has not been done. Department has also given details with regard to date of despatch as well as mode of despatch. The order-in-appeal was despatched on 11.04.2014 through speed post. Since appellant has not put forward any reasons for condoning such hug....

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....of the OIA. In reply to the RTI query, the department has furnished the number and date of the OIA and also provided a copy of the same. The date of despatch is mentioned as 11.04.2014 and the mode of despatch is also shown as 'Speed Post'. The appellant has not preferred any appeal against the said reply furnished by the CPIO of the department under the RTI Act. Taking these facts into considerat....