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Commissioner Of Custom (Import) Mumbai ... vs Can Pack (India) Pvt. Ltd. L18/25-18/28 ... on 4 September, 2015

Author: Chief Justice

Bench: Chief Justice, Kurian Joseph, Amitava Roy

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                                IN THE SUPREME COURT OF INDIA
                                 CIVIL APPELLATE JURISDICTION

                         CIVIL APPEAL NO(S).                 OF 2015
                            (Arising out of C.A.D. No.27067/2015)

                 COMMISSIONER OF CUSTOM (IMPORT)
                 MUMBAI NEW CUSTOM HOUSE BALLARD
                 ESTATE, MUMBAI-400001                              APPELLANT(S)

                                                 VERSUS

                 CAN PACK (INDIA) PVT. LTD.
                 L18/25-18/28 & L-19 MIDC
                 WALUJ AURANGABAD                                   RESPONDENT(S)


                                              O R D E R

1. There is a delay of 209 days in filing the appeal which has not been satisfactorily explained.

2. This appeal is directed against the judgment and order passed by the Customs Excise & Service Tax Appellate Tribunal, West Zonal Bench, Mumbai in Order No. A/1703/14(CSTB/C-1) in Appeal No.C/323/2012-Mum, dated 31.10.2014.

3. We have heard learned counsel appearing for the appellant and carefully perused the material available on record.

Digitally signed by

In our considered opinion, we NEETU KHAJURIA Date: 2015.09.07 16:19:37 IST Reason: do not see any good ground to interfere with the judgment and order passed by the Customs, Excise and  2 Service Tax Appellate Tribunal. Accordingly, the Civil Appeal is dismissed both on the ground of delay as well as on merits.

.............CJI.

(H.L. DATTU) ...............J. (KURIAN JOSEPH) ...............J. (AMITAVA ROY) NEW DELHI SEPTEMBER 04, 2015.

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ITEM NO.50             COURT NO.1                 SECTION III

                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).27067/2015 COMMISSIONER OF CUSTOM (IMPORT) MUMBAI NEW CUSTOM HOUSE BALLARD ESTATE, MUMBAI-400001 Appellant(s) VERSUS CAN PACK (INDIA) PVT. LTD.

L18/25-18/28 & L-19 MIDC WALUJ AURANGABAD Respondent(s) (with appln. (s) for condonation of delay in filing appeal.) Date : 04/09/2015 This appeal was called on for hearing today.

CORAM :

HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE KURIAN JOSEPH HON'BLE MR. JUSTICE AMITAVA ROY For Appellant(s) Mr. Mukul Rohatgi, Attorney General Mr. Anukul Chandra Pradhan, Sr. Adv. Ms. Nisha Bagchi, Adv.

Ms. Rashmi Malhotra, Av.

For Mr. B. Krishna Prasad,Adv.

For Respondent(s) UPON hearing the counsel the Court made the following O R D E R The civil appeal is dismissed both on the ground of delay as well as on merits.

(Neetu Khajuria) (Vinod Kulvi) Sr.P.A. Assistant Registrar (Signed order is placed on the file.)