1998 (11) TMI 213

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..... 8-C.E., dated 29-6-1998 dismissing the appeal of the appellant for not depositing Rs. 3,850/- on or before 6-10-1997 in terms of Stay order but having deposited on 9-10-1997 after expiry of the time stipulated in the order without requesting or obtaining any extension of time and thus Collector (Appeals) holding that the appellants had failed to comply with the Stay order. 2. Learned Advocate su .....

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..... ice that the Commissioner has also taken eight months more time to dispose of the appeal after due date of compliance. Therefore there is a clear failure of justice in the matter calling for setting aside the impugned order and remanding the case for de novo consideration on merits, Thus the impugned order is set aside and remanded to Commissioner for de novo consideration to decide the appeal of .....

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