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2016 (7) TMI 225 - CESTAT AHMEDABAD

2016 (7) TMI 225 - CESTAT AHMEDABAD - TMI - Condonation of delay in filing an appeal - Tribunal rejected the condonation application since the requirement of mandatory deposit u/s 129E of Customs Act, 1962 was not met - Held that:- After amendment to Section 129E of Customs Act, 1962, it is necessarly to be complied with by every person filing the appeal before this forum under Section 129A of Customs Act, 1962. Therefore, the Appellant should first comply with the provisions of Section 129E of .....

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, Appeal No.C/10086/2016 - M/10330/2016 - Dated:- 14-6-2016 - Dr. D.M. Misra, Member (Judicial) and Mr. P.M. Saleem, Member (Technical) For Appellant: Shri Rahul Gajera, Advocate For Respondent: Dr.J. Nagori, A.R. (Additional Commissioner) ORDER Heard both the sides. 2. This Miscellaneous Application is filed seeking condonation of delay of 1091 days in filing the appeal before this forum. Undisputedly, the appeal was filed on 28.06.2015 i.e. after 06.08.2014, the effective date from which Secti .....

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9;ble Supreme Court in the case of Ranjit Impex Vs Appellate Deputy Commissioner & Another - (2013) 10 Supreme Court cases 655: 2013 SCC OnLine Supreme Court 796. 3. Per contra, the learned Authorised Representative for the Revenue submits that the question before this Tribunal is not whether the appeal is required to be entertained or otherwise for non-compliance with the provisions of amended Section 129E of Customs Act, 1962. On the other hand, the issue is whether the COD application be .....

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