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2007 (8) TMI 469 - AT - CustomsConcept of cross-objection - finding of the Tribunal that provision for filing cross-objection is envisaged only in respect of appeal filed before the Tribunal in terms of Section 129A(4) of the Customs Act, 1962 - Held that - Section 129A(4) deals with the cross-objection before the Tribunal, the Section 129D(4) also makes the provisions of Section 129A(4) applicable to applications filed under Section 129D - rejecting the appeal is primarily on the ground that there is absolutely non-warrant for the appellant to be aggrieved against the order of the Original Authority or the Commissioner (Appeals) - Application is disposed of
Issues:
1. Interpretation of provisions for filing cross-objection in Customs Act, 1962. 2. Claiming benefit of exemption notification before the Original Authority. 3. Scope of cross-objection before Commissioner (Appeals). 4. Applicability of provisions of Section 129A(4) and Section 129D(4) in cross-objection applications. 5. Review of Tribunal's order rejecting the appeal. Analysis: Issue 1: Interpretation of provisions for filing cross-objection in Customs Act, 1962 The appellant argued that the Tribunal's finding regarding the provision for filing cross-objection only in appeals before the Tribunal under Section 129A(4) of the Customs Act was erroneous. The appellant contended that Section 129D(4) allows for cross-objection even in appeals before the Commissioner (Appeals). The appellant relied on legal judgments to support this argument. Issue 2: Claiming benefit of exemption notification before the Original Authority The appellant highlighted that there was no opportunity to claim the benefit of an exemption notification before the Original Authority or to appeal against the assessment order. The appellant emphasized that the right to cross-objection should not be confused with the respondent's right to file a reply to the appeal. The appellant sought to extend the benefit of the exemption notification claimed in the cross-objection before the Commissioner (Appeals). Issue 3: Scope of cross-objection before Commissioner (Appeals) The Tribunal clarified the concept of cross-objection, stating that if the Original Authority's decision favored the assessee, only the Department could file an appeal. However, if the decision was against the party on merit but provided relief on limitation, both the Department and the assessee could file appeals. The Tribunal emphasized that cross-objection could be filed within the specified time, even if no appeal was made by the assessee initially. Issue 4: Applicability of provisions of Section 129A(4) and Section 129D(4) in cross-objection applications The Tribunal noted that while Section 129A(4) deals with cross-objection before the Tribunal, Section 129D(4) also applies the provisions of Section 129A(4) to applications under Section 129D. Corrections were ordered in the Tribunal's previous order to align with this interpretation. Issue 5: Review of Tribunal's order rejecting the appeal The Tribunal reiterated that there was no basis for the appellant to be aggrieved against the orders of the Original Authority or the Commissioner (Appeals). Reviewing the grounds raised in the application would amount to a review of the Tribunal's previous order, which is impermissible. The application was disposed of with the ordered corrections to the previous order. This detailed analysis of the judgment from the Appellate Tribunal CESTAT, Ahmedabad provides insights into the interpretation of provisions related to cross-objection in customs cases and clarifies the scope of such objections before different authorities in the appeal process.
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