9911796707
TMI Blog2012 (5) TMI 359X X X X Extracts X X X X X X X X Extracts X X X X ..... These applications seek waiver of pre-deposit and stay of recovery in respect of demands of special additional duty. After hearing both sides, we find that the appeals also are fit to be finally disposed of at this stage. Accordingly, after dispensing with pre-deposit, we take up the appeals. 2. These appeals are directed against the appellate Commissioner's order upholding four Orders-in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he appellate authority. 3. Ld. counsel for the appellants submits that the orders of the Asstt. Commissioner were not received by them. When the recovery notices were received, the assessee approached the department with a request for supply of copies of the Orders-in-Original. The appeals before the Commissioner(Appeals) were filed on the basis of the copies of the Orders-in-Original supplied b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as also claimed support from certain decisions. It is submitted that, in the absence of proof of delivery of the postal articles to the assessee, the ld. Commissioner (Appeals) should not have taken the view that copies of the Orders-in-Original had been duly served on them. 6. From the records, it appears to us that the Orders-in-Original had been dispatched by speed post on 19.12.2005, which d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... substantive issue. If an appeal filed with the Commissioner (Appeals) is really belated beyond the condonable period of limitation prescribed under Sec.128 of the Customs Act, it has only to be rejected on that ground and there shall be no discussion on merits. This legal position is well-settled. The procedure of entering into the merits of such an appeal is unknown to law. 7. For the aforesaid ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... peals filed before the Commissioner (Appeals). We trust, the ld.Commissioner(Appeals) would do the needful and pass a speaking order after giving the party a reasonable opportunity of being heard. It goes without saying that any report of verification obtained from the Commissionerate should be supplied to the party. 8.The appeals are allowed by way of remand with the aforesaid directions. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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