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2003 (7) TMI 525

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..... The appeal of the appellants, through the impugned order, had been dismissed by the Commissioner (Appeals) on the ground of limitation. According to the Commissioner (Appeals), there was a delay of 32 days, whereas he could only condone the delay of up to 30 days, and being bound by the law, could not entertain the appeal. 2. I have heard both sides. The bare perusal of the record shows tha .....

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..... g the appeal deserves to be condoned and the appellants should be heard on merits. 3. In similar circumstances, the Tribunal in the case of Pooja Carrier Anr. v. CC(P), West Bengal, 2003 (156) E.L.T. 933 (Tribunal) = 2003 (56) RLT 457 (T), had condoned the delay and sent back the matter to the Commissioner (Appeals) for hearing the appeal on merits. 4. In view of the above, the impugned orde .....

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