250.
Dept contended that any decision passed by the
authorities can be served either to the person for whom it is intended or his
authorized representative, if any. As such, he argues that the order
having been served upon their Consultant should be considered as
appropriately served.
The applicant
contend that the reference of service is to the “authorized representative”
of the person for whom the order is meant for. The Consultant appearing before
the Commissioner is authorized only to advance arguments before the appellate
authorities and to defend the appellant. There is no authorization to the
Consultant for receiving the order in question. Such authorization to receive
the order has to be given separately by the person for whom the order is meant.
Service of order
should be to person for whom order is meant for.
Authorization to Consultant for receiving order in question has to be given
separately by person for whom order is meant.
There was sufficient
cause for condonation of delay as service on Consultant was not
sufficient.