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Shri Ramkrishna Bhupendrarai Mehta Versus Commissioner of Customs, Kandla

2016 (7) TMI 225 - CESTAT AHMEDABAD

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 ne .....

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s Tribunal for condonation of delay, which the Tribunal is empowered to consider in view of Section 129A(5) of Customs Act, 1962. Therefore, the present miscellaneous application is premature, accordingly rejected being not maintainable with the libe .....

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ted:- 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 Appl .....

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d. The learned Advocate for the Applicant submits that the present application seeking condonation of delay is to be decided first, thereafter the question of mandatory deposit as per amended 129E of the Customs Act would arise. He submits that this .....

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pex 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 whet .....

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liance of Section 129E of Customs Act, 1962. It is his contention that only after compliance with the amended provisions of Section 129E of Customs Act, 1962, the COD application be heard. He argued that the circumstances mentioned in the judgment of .....

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