TMI Blog2017 (4) TMI 701X X X X Extracts X X X X X X X X Extracts X X X X ..... tating that the adjudication order was not received by the appellant prior to 25-6-2010, there is no other option, but to accept the submission of the appellant that the adjudication order was received by it on 25-6-2010 and thereafter, within the stipulated time frame provided in Section 85 ibid, the appeal was filed before the Commissioner (Appeals). Thus, there is no delay in filing the appeal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rom the date of receipt of such order, the appeal was filed in the office of the Commissioner (Appeals). The ld. Advocate has referred to the letters of the appellant dated 6-5-2010 and 22-5-2010 addressed to the Superintendent of Central Excise, requesting for supply of the adjudication order for filing necessary appeals. However, the request of the appellant was not specifically addressed by the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... epartment for supply of the adjudication order, enabling to file the appeal was not at all considered by the Department. Therefore, in view of the affidavit submitted by the appellant stating that the adjudication order was not received by the appellant prior to 25-6-2010, I have no other option, but to accept the submission of the appellant that the adjudication order was received by it on 25-6-2 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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