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Bombay High CourtNMA/2691/2016disposed off

The Commissioner Of Service Tax Mumbai - Vii Commissionerate v. Link Intime India Pvt Ltd

2017-08-14Hon'Ble Shri Justice R. I. Chagla,Hon'Ble Shri Justice A.S. Oka2 pages

nma2691 ssp FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2691 OF 2016 IN CENTRAL EXCISE APPEAL (L)NO.98 OF 2016 Office Notes, Office Memorandam of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr.Swapnil Bangur i/b Mr.Sham Walve for the Applicant Mr.Prabhakar Shetty for the Respondent.

CORAM : A.S.OKA, & RIYAZ I. CHAGLA,JJ.

DATE : AUGUST 14, 2017 P.C.

Heard the learned counsel for the applicant and the learned counsel for the respondent who has opposed the Notice of Motion. Perused the affidavit in support. There appears to be a delay in submitting a proposal to the Chief Commissioner of Service Tax for seeking permission to prefer an appeal.

Considering the statements made in the affidavit in support, delay deserves to be condoned. However, the applicant will have to be saddled with costs.

nma2691 Accordingly, Notice of Motion is made absolute in terms of prayer clause (a) subject to the applicant paying costs of Rs.10,000/- to the respondent.

The amount of costs shall be paid within a period of six weeks from today. Payment of costs will be a condition precedent.

(RIYAZ I. CHAGLA,J.) (A.S.OKA,J.)