Supreme Court - Daily Orders
Commissioner Of Central Excise And ... vs Diesel Loco Modernisation Works on 22 November, 2018
Bench: A.K. Sikri, S. Abdul Nazeer
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL DIARY NO(S). 38429/2018
COMMISSIONER OF CENTRAL EXCISE
AND SERVICE TAX CHANDIGARH APPELLANT(s)
VERSUS
DIESEL LOCO MODERNISATION WORKS RESPONDENT(s)
O R D E R
There is an abnormal delay of 429 days in filing this appeal which has not been explained satisfactorily. Therefore, we refuse to condone the delay.
It is stated that the tax implication is substantial. If it is so, that itself should have been the reason for filing the appeal in time. While dismissing the appeal, we also direct that responsibility be fixed for this lapse and suitable action be taken against the erring official.
The appeal is dismissed on the ground of delay.
......................J.
[A.K. SIKRI]
Signature Not Verified
......................J.
Digitally signed by
ASHWANI KUMAR
Date: 2018.11.27
17:32:42 IST
Reason: [S. ABDUL NAZEER]
NEW DELHI;
NOVEMBER 22, 2018
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ITEM NO.17 COURT NO.4 SECTION XVII
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
CIVIL APPEAL Diary No(s). 38429/2018 (Arising out of impugned final judgment and order dated 08-06-2017 in APP No. 1128/2008 passed by the Customs, Excise And Service Tax Appellate Tribunal) COMMISSIONER OF CENTRAL EXCISE AND SERVICE TAX CHANDIGARH Petitioner(s) VERSUS DIESEL LOCO MODERNISATION WORKS Respondent(s) (FOR ADMISSION and I.R. and IA No.160126/2018-CONDONATION OF DELAY IN FILING and IA No.160130/2018-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.160129/2018-STAY APPLICATION) Date : 22-11-2018 This appeal was called on for hearing today. CORAM : HON'BLE MR. JUSTICE A.K. SIKRI HON'BLE MR. JUSTICE S. ABDUL NAZEER For Petitioner(s) Mr. Mahavir Singh, Sr. Adv.
Mr. Rupesh Kumar, Adv.
Mr. Arijit Prasad, Adv.
Mr. B. Krishna Prasad, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R The appeal is dismissed in terms of the signed order. Pending application(s), if any, stands disposed of accordingly.
(ASHWANI THAKUR) (RAJINDER KAUR) COURT MASTER (SH) BRANCH OFFICER (Signed order is placed on the file)