JUDGEMENT
ASHOK BHUSHAN, J. -
(1.) Heard counsel for the petitioner.
By this writ petition, the petitioner has
prayed for quashing order dated March 12,
2001 passed by respondent No. 2 and the order
dated May 20, 2004 passed by respondent No.
2 rejecting the review application.
(2.) An assessment order was passed on
March 12, 2001 by the Assistant P.F
Commissioner under Section 7-A of the Act.
Petitioner filed a review application dated May
14, 2004 to review the assessment order dated
March 12, 2001 application. The said application
has been rejected by order dated May 20, 2004
on the ground that application is barred by time.
(3.) The learned counsel for the petitioner
challenging the order contended that petitioner
has filed the review application within two days
from the date of communication of the order.
Petitioner's counsel contended that copy of the
assessment order was received by the petitioner
on May 12, 2004 and he immediately filed the
application on May 14, 2004. The learned
counsel for the petitioner further contended that
his application was within 45 days from the date
of receipt of the photocopy of the original order
as mentioned in prescribed proforma of the
review application Annexure-4 to the writ
petition. The learned counsel for the petitioner
has also further relied on Section 7-A (4) and
submitted that application could have been filed
within three months from the date of
communication of such order, hence the
petitioner's application is not barred by time.;
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