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2016 (6) TMI 147 - CESTAT AHMEDABAD

2016 (6) TMI 147 - CESTAT AHMEDABAD - TMI - Period of limitation - Maintainability of ROM application - filed after the prescribed time limit of six months from the date of the order - Held that:- the impugned order is dated 18.08.2015 and hence the time limit for filing any ROM application expired on 17.02.2016. However, the ROM application has been filed on 04.03.2016, after six months from the date of impugned order. The Hon'ble Karnataka High Court in the case of CCE, Pune -III vs. GE Medica .....

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SUPREME COURT] and held that the ROM application filed after the prescribed time limit of six months is liable for rejection. Therefore, the subject ROM application is not maintainable. - ROM application rejected - C/295/2007 - M/10232/2016 - Dated:- 12-5-2016 - Dr. D.M. Misra, Member (Judicial) and Mr. P.M. Saleem, Member (Technical) For Appellant (s) : Shri Hardik Modh, Advocate For Respondent (s) : Shri J. Nair, Authorised Representative ORDER This miscellaneous application has been filed by .....

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944. The learned Authorised Representative also relies upon the decision of the Hon'ble Karnataka High Court in the case of CCE, Pune -III vs. GE Medical Systems - 2013 (29) STR 327 (Kar.). 4. On the other hand, learned Counsel for the applicant submits that the period of six months should be counted from the date of receipt of the impugned order and not from the date of the order. 5. It is observed that Section 35C (2) reads as follows:- Section 35 C… (1) ... ... ... (2) The Appellat .....

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