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2014 (8) TMI 508

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..... DR, for the Respondent. ORDER The delay in filing the present appeal is around 290 days approximately. Learned advocate appearing for the appellants submits that the said delay occurred as they have not received the impugned order-in-appeal passed by Commissioner (Appeals). He submits that the appellant had shifted from their given address at 14/5, Mathura Road, Faridabad and as such, the impug .....

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..... f Commissioner (Appeals) to enquire about the outcome of their case, they were told that the impugned order stand already passed by Commissioner (Appeals). In the circumstances, learned advocate prays for condoning the delay. 2. After hearing the learned DR, we find that even in the notice of hearing sent by the office of Commissioner (Appeals) on 3-12-2009, the copy which was sent to learne .....

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..... ellant, the said order was received by them on 21-10-2010 and the appeal was filed on 29-10-2010 that is immediately on receipt of this order. As such, taking into account overall facts and circumstances of the case, we condone the delay in filing the present appeal and allow the COD application and proceed to decide the stay petition. 3. As the appellants have already deposited the entire a .....

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