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Commissioner of Customs (Export) , JNCH Nhava Sheva Versus Mr Nitin Pherwani, Mr Suhas Prabhu, Mr Pankay Rawal

2015 (10) TMI 1525 - CESTAT 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 .....

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A/2284/2015-WZB/SMB - Dated:- 5-6-2015 - Anil Choudhary, Member (J),J. For the Appellant : Shri M K Mall, Asst. Commr. (AR) For the Respondent : Shri J S Sanghvi, Adv. ORDER Per: Anil Choudhary: The Revenue have filed this appeal being aggrieved with .....

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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 ad .....

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. The review order have been passed and signed on 6/9/2011. The period of 3 months from the date of receipt of order by the Custom Authorities expired on 10.08.2011. Thus the review order under Section 129D(3) of the Act is not in order, as permitted .....

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