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Central Excise - Highlights / Catch Notes

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Period of limitation - Filing of appeal - apparently there was ...


Order Not Properly Served, Hindering Appeal u/s 85; Emphasizes Good Faith in Legal Proceedings.

March 8, 2022

Case Laws     Central Excise     HC

Period of limitation - Filing of appeal - apparently there was no proper service of the impugned order dated 31-01-2018 passed by the Original Authority/Assessing Authority upon the petitioner, so as to enable him to prefer an appeal before the Commissioner of Central Excise (Appeals) in accordance with Section 85 of the Act 1994. - The Hon’ble Supreme Court in catena of decisions has categorically held, that the rules of limitation are not meant to destroy the rights of the parties. The Courts are only required to ensure that, a litigant has not to take resort to dilatory tactics and has approached the Court bonafidely. - HC

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