2005 (1) TMI 116

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..... - In the first session, when this matter was called out, Mr. Rao for the petitioner had prayed for time on the ground that today he is served with the reply affidavit filed by the learned standing counsel Shri Malkan for the respondents. We have refused the request and the matter was kept after recess at 2.15 p.m. After recess, when this matter was called out, Mr. Rao was not present. However, l....

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.... against the petitioner. 2. By way of this petition, the petitioner had initially prayed that the impugned order dated 30-1-2004 passed by the first respondent confirming the demand of duty as per the show cause notice dated 24-6-2002 and other orders dated 14-6-2004 and 3-9-2004 passed by the Customs, Excise and Service Tax Appellate Tribunal, West Zone Bench, Mumbai (for short "the Tribunal")....

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....continued even after winter break and this court was to take up such matters. Therefore, it appears to us that this petition was filed on 6-1-2005 and hurriedly moved on the next date i.e. 7-1-2005 Friday which was the last day of winter vacation by making corrections regarding the date by scoring off 8-12-2004 and correcting it to 6-1-2005 and such affidavit was made on that date i.e. 6-1-2005. ....