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M/S. TuticorIn Port Trust, TuticorIn Vs. Cce, Tirunelveli - Court Judgment

SooperKanoon Citation

Court

Customs Excise and Service Tax Appellate Tribunal CESTAT Chennai

Decided On

Case Number

ST/COD/42298 & 42299 of 2013 & ST/MISC of 42300 & 42301 of 2013 in ST/42390 & 42391 of 2013 (Arising out of Order-in-Appeal Nos. 42 & 43 of 2012 dated 20.9.2012 passed by the Commissioner of Central Excise (Appeals), Madurai)

Judge

Appellant

M/S. TuticorIn Port Trust, Tuticorin

Respondent

Cce, Tirunelveli

Excerpt:


1. the applicant filed this application for condonation of delay of 57 days involved in the filing of the appeal. the learned ar on behalf of revenue submits that the delay of filing appeal would be 65 days. none appears on behalf of the applicant despite issue of notice. the learned ar submits that the matter was adjourned on several occasions but nobody appeared on behalf of the applicant. 2. after considering the submissions of the learned ar and on perusal of the records, i find that the matter was adjourned on 2.8.2013, 10.1.2014 and 7.3.2014. it seems that the applicant is not interested to proceed in the matter. accordingly, the cod application along with stay and appeal are dismissed for non-prosecution.

Judgment:


1. The applicant filed this application for condonation of delay of 57 days involved in the filing of the appeal. The learned AR on behalf of Revenue submits that the delay of filing appeal would be 65 days. None appears on behalf of the applicant despite issue of notice. The learned AR submits that the matter was adjourned on several occasions but nobody appeared on behalf of the applicant.

2. After considering the submissions of the learned AR and on perusal of the records, I find that the matter was adjourned on 2.8.2013, 10.1.2014 and 7.3.2014. It seems that the applicant is not interested to proceed in the matter. Accordingly, the COD application along with stay and appeal are dismissed for non-prosecution.


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