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Calcutta High CourtCCGAT/1/2020disposed

Commissioner Of Central Excise v. M/S Kamakshi Jute Industies Ltd

2020-09-04Hon'Ble Justice Soumen Sen,Hon'Ble Justice Saugata Bhattacharyya2 pages

04.09.2020 jb.

CCGAT 1 of 2020 + CAN 1 of 2020(CAN 4815 of 2020) + CAN 2 of 2020(CAN 4816 of 2020) Commissioner of Central Excise Vs.

M/s Kamakshi Jute Industries Ltd.

Mr. Ratan Barik .... For the Appellant Mr. Amales Roy .... For the Respondent Re: CAN 1 of 2020 (CAN 4815 of 2020) This is an application under Section 5 of the Limitation Act for condonation of delay in preferring the statutory appeal being CCGAT 1 of 2020 which has been preferred against the judgment and order dated 25th July, 2019passed by the learned Customs, Excise and Service Tax Appellate Tribunal. The copy of the impugned order was received by the appellant on 2nd December, 2019 and accordingly time to prefer the appeal has expired on 2nd June, 2020.

In view of the order passed by the Hon'ble Supreme Court on 23rd March, 2020 we condone the delay of 49 days in preferring the appeal.

Accordingly, CAN 4815 of 2019 is allowed.

Register the appeal if it is otherwise in form.

The application for stay being CAN 2 of 2020(CAN 4816 of 2020) shall be listed on 9th September, 2020 before the appropriate Bench.

Department is directed to make two separate copies of the memorandum and the stay petition by 8th September, 2020. (Soumen Sen, J.) (Saugata Bhattacharyya, J.)