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2009 (8) TMI 508 - HC - Central ExciseRevision petition- the dealer-respondent states that the period of limitation provided under Section 35EE of the Act for filing revision petition before the Central Government is three months and the delay could be condoned only for a further period of three months. He has further prayed that if the revision petition is filed now, then the same is likely to be dismissed on the ground of limitation. Therefore, he has prayed that permission may be granted to file a revision petition within the said period. There is no serious objection by the counsel for appellant to allow the aforesaid prayer made by learned counsel for the respondent-dealer. In view of the above, order dated 26-3-2008 passed by the Tribunal is set aside being without jurisdiction. The respondent-dealer is directed to file revision petition under Section 35EE of the Act before the Central Government. If the revision petition is filed within a period of two months from today, then the same shall be decided on merits without raising any objection with regard to the period of limitation.Appeal stands disposed of.
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