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BHORUKA STEEL LIMITED REP. BY ITS SENIOR MANAGER V. RAVI Versus COMMISSIONER OF CUSTOMS, (APPEALS) CHENNAI AND DEPUTY COMMISSIONER OF CUSTOMS (MCD) CHENNAI

2016 (9) TMI 176 - MADRAS HIGH COURT

Condonation of delay - Imposition of penalty - Section 116 of the Customs Act, 1962 – MTS of heavy melting scrap – short landing of goods – Held that: - The Act does not confer power on the Appellate Authority to condone the delay beyond the period o .....

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.11.2004, is yet to be given effect to and it has not attained finality, in spite of lapse of nearly one decade. This Writ Petition has been pending before this Court from the year 2005 and eleven long years has lapsed and nothing has happened. There .....

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tioner :Mr.S.Murugappan For the Respondent :Mr.T.Pramodkumar Chopda O R D E R Heard Thiru.S.Murugappan, learned counsel for the petitioner and Thiru.T.Pramodkumar Chopda, for the respondents. 2. With the consent of both the sides, the Writ Petition i .....

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nalty of ₹ 18,56,172/- has been imposed on the petitioner under Section 116 of the Customs Act, 1962 for his failure to account for the short-landing of 232.17 MTS of heavy melting scrap. 4. The appeal has been rejected as time barred, as it wa .....

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n 16.12.2004, as per the acknowledgment card. According to the first respondent, the appeal has been preferred only on 17.3.2005 and that being beyond the condonable period, the same cannot be condoned. 5. The conclusion arrived at by the first respo .....

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ting that this Court should not embark upon such exercise when outer time limit has been fixed in a statute. Though this has been the rule, there have been certain exceptions where this Court has exercised its extraordinary jurisdiction, considering .....

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