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2015 (10) TMI 1525 - CESTAT MUMBAI

2015 (10) TMI 1525 - CESTAT MUMBAI - 2015 (323) E.L.T. 626 (Tri. - Mumbai) - Condonation of delay - violation of the provisions of Section 129D(3) of the Customs Act - Held that:- Tribunal is not empowered to condone the delay in passing of review order, as provided under the provisions of sub Section 3 or Section 129D of the Customs Act. Thus I hold that the appeal is time barred and not entertainable by this Tribunal in absence of a legal review order under sub Section 3 of Section 129D of the .....

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es a preliminary objection that the appeal is time barred and/or in violation of the provisions of Section 129D(3) of the Customs Act, which provides every order under sub Section 1 or sub Section 2, as the case may be, shall be made within a period of 3 months from the date of communication of the decision or order of the adjudicating authority. Admittedly the impugned order was received in the office of the Customs Authority on 12/5/2011 (duly confirmed by report dated 03.06.2015 by the Deputy .....

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