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SUNDER SYNTHETICS PVT LTD vs. UNION OF INDIA
(Telangana High Court)

Hon'ble Judges:

SUJOY PAUL
NAMAVARAPU RAJESHWAR RAO

Pet. Counsel

Umashankar

Res. Counsel

Gadi Praveen Kumarsr

Petitioner / Applicant	SUNDER SYNTHETICS PVT LTD
Respondent	UNION OF INDIA
Court	Telangana High Court
State	Telangana
Date	Jun 6, 2024
Order No.	Writ Petition No. 13172 of 2024
Citation	2024(6) TAXREPLY 9913
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ORDER
ORDER: PER HON’BLE SRI JUSTICE SUJOY PAUL Sri M.Umashankar, learned counsel, appears for the petitioner and Ms.B.Sapna Reddy, learned Senior Standing Counsel for CBIC. 2. With the consent, finally heard. 3. The singular point involved in this case is whether respondent No.3 was justified in passing the impugned order dated 28.03.2024 whereby appeal of petitioner was dismissed without entering into the merits of the case. 4. Learned counsel for the petitioner by taking this Court to the provisional acknowledgment for submission of form of appeal, dated 24.07.2021 (Page No.53) and Paragraph Nos.8 and 9 of impugned order submits that there is no iota of doubt that the petitioner filed his appeal on 24.07.2021. Page No.1 of ‘running index’ shows that the appeal stood ‘admitted’ on 24.07.2021 itself. An admitted appeal should have been decided on merits and should not have been thrown overboard on a hyper technical ground that petitioner ....