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Gujarat High Court

M/S Gujarat Borosil Limited vs Commissioner Of Cgst And Central Excise ... on 10 August, 2020

Author: R.M.Chhaya

Bench: R.M.Chhaya, Ilesh J. Vora

         C/CA/1610/2020                                  ORDER



         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                 R/CIVIL APPLICATION NO. 1610 of 2020
                                  In
                    F/TAX APPEAL NO. 5790 of 2020
==========================================================
                M/S GUJARAT BOROSIL LIMITED
                          Versus
       COMMISSIONER OF CGST AND CENTRAL EXCISE SURAT
==========================================================
Appearance:
MR ANAND NAINAWATI(5970) for the Applicant(s) No. 1
MR ANKIT SHAH for the Respondent(s) No. 1
==========================================================
  CORAM:HONOURABLE MR. JUSTICE R.M.CHHAYA
          and
          HONOURABLE MR. JUSTICE ILESH J. VORA
                       Date : 10/08/2020
                        ORAL ORDER

(PER : HONOURABLE MR. JUSTICE R.M.CHHAYA)

1. Heard Mr. Anand Nainawati, learned advocate for the applicant and Mr. Ankit Shah, learned Central Government Counsel for the opponent.

2. By this application, the applicant has prayed for condonation of delay of 222 days occurred in filing the appeal.

3. Mr. Nainawati, relying upon the averments made in the application, contended that the applicant has been able to establish sufficient cause and considering the merits of the appeal, the same may be condoned, in the interest of justice.

4. Request made by Mr. Nainawati, learned advocate for the applicant is vehemently opposed by Mr. Ankit Shah, learned Central Government Counsel for the opponent. Mr. Shah submitted that no sufficient cause is made out.

5. Having heard the learned advocates appearing for the respective parties and considering the averments made in the Page 1 of 2 Downloaded on : Mon Aug 10 22:18:21 IST 2020 C/CA/1610/2020 ORDER application, this Court is of the opinion that the applicant has been able to establish sufficient cause and therefore, delay of 222 days occurred in filing the appeal is hereby condoned.

6. Accordingly, the present application is allowed in the above terms.

(R.M.CHHAYA, J) (ILESH J. VORA,J) DRASHTI K. SHUKLA Page 2 of 2 Downloaded on : Mon Aug 10 22:18:21 IST 2020