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2019 (10) TMI 1255 - AT - CustomsMaintainability of appeal - time limitation for service of order - non-compliance with the procedure prescribed under Sub-section (a) of Section 153 of Customs Act, 1962 - HELD THAT:- The Department has claimed to have issued the order-in-original on 30.11.2012. No proof has been placed on record. The order sent by speed post has not been returned as un-delivered, thus necessitating it to be displayed on the notice board as per Section 153 of Customs Act, 1962 - Following the principle of law laid down by Hon’ble Bombay High Court in the case of Camron International [2019 (7) TMI 689 - BOMBAY HIGH COURT], the compliance of Section 153 of Customs Act, 1962 has not been made in the present case in delivering/communicating the impugned order to the Appellant. The date of communication is considered as 09.04.2019 when the order was sent to the Appellant in response to RTI application. Consequently, the appeal is filed in time - Appeal entertained.
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