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2006 (10) TMI 336

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..... . [Order]. This application for condonation of delay is filed by the revenue for condoned the delay of around 106 days against order-in-appeal dated 28-10-2005. 2. Learned DR submits that the delay has taken place due to the fact that the files were submitted to the Chief Commissioner s office and on receiving direction from the Chief Commissioner s office, appeals were filed and refer .....

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..... ntral Excise, Jalandhar for concurrence, which was accepted by the Commissioner of Central Excise, Jalandhar on 4-1-06. This acceptance of the order by the Committee of Commissioners of Central Excise, would mean that there were no grounds for filing an appeal against the order passed by the learned Commissioner (Appeals). Subsequently, when the report was submitted to the Commissioner's office, .....

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..... ized by him in this behalf (hereafter in this Chapter referred to as the authorized officer) to appeal [on its behalf] to the Appellate Tribunal against such order. 5. It can be noticed from the above reproduced provisions, that Committee of Commissioners of Central Excise are only authorized to review the order passed by the Commissioner (Appeals) and if it is found that it is not legal and pr .....

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..... Even thereafter it took about seven months to file an appeal. To explain such inordinate delay no reasonable explanation is forthcoming except the ground of administrative delay. Similar are the facts in all the other appeals. We are not satisfied that the explanation offered is just or reasonable in the facts of the cases before us. We, therefore, dismiss the applications to condone the delay. .....

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