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2021 Supreme(Bom) 33

UJJAL BHUYAN, ABHAY AHUJA
Skoda Auto Volkswagen India Pvt. Ltd. – Appellant
Versus
Commissioner (Appeals) – Respondent


Advocates Appeared:
For the Petitioner:Mr. Anay Banhatti and Mr. Ameya Pant i/b. DMD Advocates.
For the Respondents: Mr. Jitendra B. Mishra.

JUDGMENT :

Ujjal Bhuyan, J.

By filing this petition under Article 226 of the Constitution of India, petitioner seeks quashing of order dated 27.02.2020 passed by respondent No.1 and further seeks a direction to respondent No.1 to decide the appeal filed by the petitioner on merit.

1.1. Be it stated that being aggrieved by the order-in-original dated 08.07.2019 passed by the Assistant Commissioner of Goods and Services Tax, Aurangabad Urban Division whereby demand of service tax to the extent of Rs.15,03,571.00 was confirmed along with levy of interest and penalty, petitioner preferred appeal before the Commissioner (Appeals), Central Goods and Services Tax (CGST) and Central Excise, Nashik i.e., respondent No.1. By the impugned order dated 27.02.2020, the application for condonation of delay in filing the appeal was rejected. Consequently, the related appeal was dismissed as being time barred without entering into the merits. It is this order which is under impugnment in the present proceeding.

2. We have heard Mr. Banhatti, learned counsel for the petitioner and Mr. Mishra, learned counsel for the respondents.

3. Facts lie within a narrow compass in as much as we are not called upon to

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