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Allied Fibres Ltd. Versus Commissioner of Customs (I) , Mumbai

2016 (1) TMI 55 - CESTAT MUMBAI

Rectification of mistake - Maintainability - Bar of limitation - Held that:- matter of limitation is squarely covered by the decision of the Hon'ble High Courts of Karnataka and Delhi in the two citations given by the learned AR - ROM application is .....

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etitioner : Mr Vipin Kumar Jain, Adv For the Respondent : Mr A K Singh, Assistant Commissioner (AR) ORDER Per P K Jain The ROM application has been filed by the appellant on 9.6.2015 against this Tribunal's order No. A/1375/15/CSTB/C-I dated 21/8 .....

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rned counsel that he has not given up the valuation issue. All that he meant was since he has got a strong case on merits, therefore, he is not giving further arguments on the valuation issue. He submitted that the said observation of the Tribunal ma .....

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Act provide that such an application can be filed within six months from the date of the order and hence the application filed is beyond the time limit prescribed under Section 129B of the Customs Act and is, therefore, required to be dismissed on th .....

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1.2015. 5. The learned AR, on the other hand, submitted that under Section 129 B(2),it is date of order which is relevant and not the date of receipt or date of despatch and in support of his contention, the learned AR submitted the judgment of the H .....

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that period from the date of receipt is required to be rejected. The learned AR emphasized para 13 and 18 of the said judgment. It was also submitted that the similar view has been taken by the Hon'ble Delhi High Court in the case of Afcons Infr .....

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