HIGH COURT OF JUDICATURE AT ALLAHABAD
Court No. - 35
Case :- WRIT TAX No. - 148 of 2016
Ginni Filaments Limited Unit -1
The Commisioner Of Central Excise
Counsel for Petitioner :- Suyash Agarwal,Rakesh Ranjan Agrawal
Counsel for Respondent :- Ramesh Chandra Shukla,Praveen Kumar
Hon’ble Bharati Sapru,J.
Hon'ble Vinod Kumar Misra,J.
Counter and Rejoinder Affidavits have been exchanged in this matter. The record was summoned from the department to show that the appeal filed before the Commissioner as asserted by them on 21st June, 2010 was entered in the register or not.
A perusal of the register, which have been produced before the Court shows that the appeal, which is appended as Annexure No.6 to the Writ Petition has not been entered in the said register. However, Annexure No.6 filed along with the writ petition does bear a seal of the department showing that it was served in the department on 21.06.2010.
In view of the above, the appeal of the assessee may be entertained and decided on merits by the authority concerned treating it to have been filed on 21.06.2010. The petitioner may produce a copy of the appeal before the respondent no.1 as it was filed on that date within the next ten days and the same may be heard and disposed of in accordance with law by the authority concerned within the next three months.
This Writ Petition is disposed of as above. No costs.
A copy of this order be given to Sri Praveen Kumar, who has appeared for the department within 24 hours for communication and compliance.
(Vinod Kumar Misra, J.) (Bharati Sapru, J.)
Order Date :- 18.1.2017