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2011 (4) TMI 287 - AT - CustomsReview order - Limitation - Held that - the provisions of Section 129D(3) clearly provides of period of 1 year from the date of the decision or order of the adjudicating authority. As such, the date of issuance of the order is irrelevant. He submits that the issue is no more res-integra and stand settled by the decision of the Larger Bench of the Tribunal in the case of CCE Chennai Vs. M/s Standard Pencil Pvt.Ltd 2004 -TMI - 49000 - CESTAT, NORTHERN BENCH, NEW DELHI - Decided in favour of assessee.
Issues:
Interpretation of Section 129D(3) regarding the time limit for review of orders by the Commissioner of Customs. Analysis: The appeal before the Appellate Tribunal CESTAT, Ahmedabad arose from the Commissioner of Customs (Appeals) order, where the Revenue challenged the rejection of their appeal. The Commissioner had based the rejection on the timing of the review orders in relation to the original orders. The Revenue contended that the date of issuance of the order should be considered for the purpose of Section 129D(3), which allows a one-year period for review from the date of the decision or order of the adjudicating authority. The learned advocate for the respondents argued that the date of issuance of the order is irrelevant, citing a decision of the Larger Bench of the Tribunal in the case of CCE Chennai Vs. M/s Standard Pencil Pvt. Ltd. The Tribunal, after considering various decisions on the issue, agreed with the learned advocate's interpretation. The Larger Bench had held that Section 129D(3) provides a fixed interpretation, mandating a one-year period from the date of the decision or order, irrespective of the date of issuance of the order. Consequently, the Tribunal found no merit in the Revenue's argument and upheld the view adopted by the Commissioner (Appeals). In conclusion, the appeal filed by the Revenue was rejected by the Appellate Tribunal CESTAT, Ahmedabad, affirming the decision of the Commissioner of Customs (Appeals) regarding the interpretation of Section 129D(3) and the time limit for review of orders by the Commissioner.
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