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2003 (12) TMI 432

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..... JDR, for the Respondent. [Order per : V.K. Agrawal, Member (T)]. -  This is an application by M/s. Hindustan Power Instruments (Pvt.) Ltd. for waiver of pre-deposit of Central Excise duty amounting to Rs. 74,144.94 paise. 2. At the outset Shri U. Raja Ram, learned Departmental Representative pointed out that the Commissioner (Appeals) has dismissed the Appeal filed by the Applicants .....

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..... ed by the High Court. The learned Consultant, further, submitted that as the High Court's order was received by them only on 6-8-2003, they could not file the Appeal within 10 days allowed by the High Court; that considering the peculiar circumstances involved in the case, delay is very insignificant and the appeals needs to be considered favourably for condoning the delay else grave injustice wil .....

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..... n filing the writ petition, they may be granted a long time to prefer the Appeal. The Hon'ble High Court considered the prayer of the learned Counsel for the applicant sympathetically and directed that "if the petitioner prefers the Appeal within 10 days from today, their application for condonation of delay shall be considered favourably by the appellate authority." It is not disputed by the appl .....

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