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2016 (6) TMI 147 - CESTAT AHMEDABADPeriod of limitation - Maintainability of ROM application - filed after the prescribed time limit of six months from the date of the order - Held that:- the impugned order is dated 18.08.2015 and hence the time limit for filing any ROM application expired on 17.02.2016. However, the ROM application has been filed on 04.03.2016, after six months from the date of impugned order. The Hon'ble Karnataka High Court in the case of CCE, Pune -III vs. GE Medical Systems [2009 (11) TMI 676 - KARNATAKA HIGH COURT] has examined exactly the same issue and has considered whether the CESTAT is correct in rejecting the ROM application filed beyond the period of six months, especially in view of the fact that the ROM application was filed within six months from the date of receipt of the final order by relying upon the decision of the Hon’ble Supreme Court in the case of Commissioner of Customs and Central Excise vs. Hongo India (P) Limited [2009 (3) TMI 31 - SUPREME COURT] and held that the ROM application filed after the prescribed time limit of six months is liable for rejection. Therefore, the subject ROM application is not maintainable. - ROM application rejected
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