Commissoner Of Service Tax-I Pune v. M/S. Balaji Society

suresh 24-NMA-1639.2016.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1639 OF 2016 IN CENTRAL EXCISE APPEAL {L} NO.70 OF 2015 The Commissioner of Service Tax-I, Pune .... Applicant In the matter between The Commissioner of Service Tax-I, Pune .... Appellant Vs.

M/s. Balaji Society .... Respondent Mr. Swapnil Bangur with Mr. Sham V. Walve for the Applicant/Appellant.

None for the Respondent.

CORAM: S.C. DHARMADHIKARI & PRAKASH D. NAIK, JJ.

DATE : APRIL 17, 2017 P.C:

1.

The Registry has refused registration of this Central Excise Appeal as the Revenue has not complied with the procedural requirement set out in the procedural rules. 2.

Enough time was granted but since that compliance

suresh 24-NMA-1639.2016.doc was not reported, the registration stood refused. Consequently, the appeal was dismissed.

3.

A copy of this application which is moved for setting aside the order of the Prothonotary and Senior Master was served on the other side. The proof of service is also placed on record.

4.

Since none appears on behalf of the other side, there is no denial of the statements made in the affidavit in support. 5.

It is stated that the office objections could not be removed inadvertently. There were no mala fides or negligence on the part of the Advocate who has filed his personal affidavit. 6.

In the above circumstances, the delay is condoned. The order of the Prothonotary and Senior Master is set aside. The motion is made absolute in terms of prayer clauses (a) and (b). There will be no order as to costs.

7.

Now we grant four weeks' time for removal of the office objections.

(PRAKASH D. NAIK, J.) (S.C. DHARMADHIKARI, J.)